When a person dies due to the negligence or recklessness of another, it is considered a wrongful death. While any death is tragic, wrongful death can be even more so because it was preventable. If you have lost a loved one in Atlanta, GA due to someone else’s actions, you may be wondering what type of case you have and how to proceed.
Wrongful death is a legal term that refers to a situation in which one person's death is caused by the wrongful act, neglect, or default of another person or organization. Wrongful death lawsuits are civil actions, not criminal proceedings. The purpose of a wrongful death lawsuit is to provide financial compensation to the victim's family members for the losses they have suffered as a result of the victim's death.
There are a variety of different types of cases that can fall under the category of wrongful death in Atlanta. Some of the most common include:
If someone is killed in a car accident due to the negligence of another driver, their family may have grounds for a wrongful death claim. This could be due to speeding, drunk driving, or any other form of reckless driving.
If a patient dies as a result of medical negligence, their family may be able to file a wrongful death claim. This could be due to errors made during surgery, misdiagnosis, or any other type of medical mistake.
If an employee is killed on the job due to the negligence of their employer, their family may have grounds for a wrongful death claim. This could be due to unsafe working conditions, lack of proper safety equipment, or any other type of unsafe work environment.
If someone is killed as a result of a defective product, their family may have grounds for a wrongful death claim. This could be due to a faulty car part, a dangerous toy, or any other type of defective product.
If you have lost a loved one due to the negligence of another, you may be able to file a wrongful death claim. An experienced attorney can help you understand your legal rights and options. You can start to find the closest one by looking up "wrongful death injury attorney near me" to get help and guidance. They will help you get the compensation and justice that you deserve for your loved one.
In most states, the following people can file a wrongful death lawsuit:
It is important to note that each state has its own laws regarding who can file a wrongful death lawsuit. You should consult with an experienced wrongful death attorney in your state to determine who is eligible to file a claim.
There are two types of damages that may be available in a wrongful death case: economic and non-economic.
Are intended to compensate the victim's family members for their financial losses, such as lost income and medical expenses. It is important to keep in mind that economic damages are not intended to compensate the family for their emotional losses.
Are intended to compensate the victim's family members for their non-financial losses, such as pain and suffering. Unlike economic damages, there is no set formula for calculating non-economic damages. Instead, the jury will consider the facts of the case and decide what they believe is fair compensation.
In Atlanta, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the victim's death. This means that if you do not file your lawsuit within two years of your loved one's death, you will be barred from doing so. This is why it is important to consult with an experienced wrongful death attorney as soon as possible after your loved one's death. An attorney can help you determine whether you have a valid claim and can file your lawsuit on your behalf, ensuring that you do not miss the deadline.
There are many different types of evidence that can be presented in a wrongful death case. Some of the most common include:
This can be crucial in cases where there is disputed liability. Eyewitnesses can help to paint a picture of what happened, and who was at fault.
This can include things like skid marks, broken glass, or other debris. It can help to establish how the accident happened, and who was at fault. This includes photos of the scene, accident reconstruction reports, and more.
These can be important in cases where the victim suffered injuries prior to their death. They can help to establish the cause of death, and whether or not the victim was treated properly.
These can be helpful in cases where there is disputed liability. They can help to establish who was at fault, and what happened leading up to the accident.
This can be important in cases where there is disputed liability or causation. Experts can help to explain complex issues and provide opinions on who was at fault and what caused the accident.
As with any legal case, a wrongful death lawsuit will proceed through a number of different stages before it is ultimately resolved. These stages are designed to give both sides an opportunity to present their case and arguments, and to reach a resolution that is fair to all parties involved.
The first stage of a wrongful death lawsuit is the investigation. This is when the attorney will gather evidence to support the claim. Once the investigation is complete, the attorney will file the lawsuit.
The next stage of the process is discovery. This is when both sides will exchange information and documents. It is also during this time that depositions may be taken.
If the case does not settle during discovery, it will go to trial. During the trial, both sides will present their evidence and argument to a judge or jury.
If either side is unhappy with the outcome of the trial, they may file an appeal. An appeal is a review of the case by a higher court. Appeals can be complex and time-consuming, so it is important to discuss your options with an experienced attorney.
This is just a general overview of the stages of a wrongful death lawsuit. Every case is unique and will proceed through these stages in its own way. An experienced attorney can help you understand what to expect and how to best prepare for each stage of your case.
If you have lost a loved one in an accident or due to someone else's negligence, you may be feeling overwhelmed and alone.
This is a difficult time for you and your family, but a wrongful death lawyer can help you get through it. Contact one today to get started on your case.
If you have recently lost a loved one and you believe that their death was due to the negligence or wrongful act of another person, it is important to contact a wrongful death lawyer as soon as possible. Alexander Shunnarah Trial Attorneys understand how difficult this time is for you and your family, which is why they are here to help you. They will thoroughly investigate the circumstances surrounding your loved one's death and if they believe that their death was due to someone else's negligence or wrongdoing, they will fight to get you the compensation you deserve. Contact their office today for a free consultation.