When a loved one dies due to someone else’s negligence, no amount of money can replace their presence in your life. If you lost a loved one due to someone else’s negligence, however, you may need a lawyer to help you navigate the process of gaining compensation for their loss. That compensation can help pay medical bills from before your loved one’s death, provide assistance as you adjust to losing your loved one’s income, and make it easier for you to move forward with your life. Contact The Champion Law Firm today at (404) 596-8044 to learn more about how we can help.
Why The Champion Law Firm is the Wrongful Death Law Firm for You
If you lost a loved one due to the negligence of another party or entity, you want a lawyer dedicated to helping you move through the claims process. At The Champion Firm, we have worked with many types of personal injury cases, including wrongful death cases. In one notable case, we acquired over $2 million in compensation for the family of a man killed in an auto accident. Our attorneys bring that same dedication, determination, and compassion to the table for every case we work with, including yours.
While we cannot guarantee the results in your case, we will fight hard to ensure that we leave no stone unturned in seeking the compensation you deserve.
Understanding Wrongful Death Cases
Wrongful death cases involve the same types of accidents that would have left your loved one eligible for a personal injury lawsuit, had they survived the accident. These deadly accidents include:
- Auto accidents, including truck accidents, motorcycle accidents, and bicycle accidents, more than 100 of which take place in the Atlanta area every year
- Product liability accidents
- Premises accidents, including slips and falls, falling from heights, and items falling from shelves
- Construction accidents
- Medical malpractice
- Nursing home accidents
Who Can File a Wrongful Death Lawsuit?
If your loved one suffered injuries and died due to someone else’s negligence, you may have grounds for a wrongful death case. Limited individuals, however, may file a wrongful death lawsuit: generally the immediate family members and beneficiaries of the deceased individual. Eligible individuals may include:
- The surviving spouse
- Parents of a minor child
- Parents of an adult child who provided support to the family
- Children who lost a parent, including adult children still receiving support from that parent
- Other immediate family members
If you suspect you have grounds for a wrongful death claim, talking with an attorney is the most effective way to determine whether you can file on their behalf.
Who Pays for a Wrongful Death Claim?
If you have a wrongful death claim, the individual or entity who caused your loved one’s accident and death bears responsibility for paying for that claim. In order to determine fault, you must prove:
- The individual or entity who caused the incident had a duty of care to your loved one and violated that duty of care. In the case of a defective product, for example, the company that created the product bore responsibility for creating a safe product.
- The individual or entity violated that duty of care. In the aforementioned example, the company that created the product might not have created a safe product, even if used according to the manufacturer’s directions.
- The violation caused your loved one’s injuries and death. If the violation did not cause those injuries, you may not have grounds for a claim.
Working with a lawyer can help you more effectively determine exactly who caused your loved one’s death and, therefore, who bears responsibility for paying for your claim.
What Damages Can You Claim After a Wrongful Death?
The damages you receive after a loved one dies will depend on how they were injured and the insurance policy that covers those damages. In some cases, you may receive less because of a class action lawsuit. However, most people ask for:
- Damages the deceased individual dealt with before their death. This may include pain and suffering, accumulated medical expenses, and lost wages.
- Lost wages that the deceased could have earned before their untimely death and would have used to support their family.
- Loss of consortium, or the loss of the companionship and presence given by the deceased. This may include the guidance given by a parent to a minor child as well as the loss of a spouse.
How Can Insurance Companies Fight Wrongful Death Claims?
In many cases, insurance companies will attempt to avoid paying the full amount you deserve for the loss of your loved one. They may attempt to:
- Prove that someone or something else, including your loved one, caused or contributed to the accident.
- Prove that something else caused your loved one’s death: medical malpractice following a serious car accident or failure to follow medical instructions, for example.
- Offer you a lower settlement than you deserve. The insurance company may turn to the member of the family they feel most likely to accept a low offer or attempt to provide a settlement offer while grief is fresh and you have not yet considered the financial ramifications of a loved one’s loss.
Hiring a Lawyer: Your Best Recourse for a Wrongful Death Claim
Losing a loved one can prove expensive. Not only do you need to handle funeral and burial expenses, they likely left behind medical bills that you (or the estate) must pay. Then, you must handle the loss of their income. In many cases, families of wrongful death victims worry that they cannot pay for a lawyer.
At The Champion Law Firm, we want to help you get the legal support you need. We will start with a free consultation to discuss your loved one’s death and your claim. Often, we accept clients on a contingent fee basis. Then, we provide quality legal support that, in many cases, can substantially increase the compensation you receive from the insurance company after your loved one’s death. We can also help gather evidence, consult with the insurance company on your behalf, and work with you to ensure that you do not miss potential compensation.
Contact The Champion Law Firm Today
Did you lose a loved one in a wrongful death accident? Contact The Champion Law Firm today at (404) 596-8044 to learn how we can help.