If a person dies because of the wrongful actions of someone else, it is known as wrongful death. These can be some of the most sensitive cases that attorneys undertake. Seth Bader is a wrongful death lawyer experienced in handling these lawsuits in Norcross. When someone has died suddenly, a family and other responsibilities are often left with no recourse. Many families need compensation, and we’re here to help. Nothing can bring back the loss of your loved one, but we can provide some financial relief through a settlement. If someone you know has died from wrongful death, the time to act is now. Contact us today for your free consultation.
Who is allowed to file a wrongful death lawsuit in Norcross, Ga?
Every state has different laws which determine who is eligible to file a wrongful death lawsuit, known as wrongful death statutes. Georgia has a particular wrongful death statute about who is allowed to pursue a claim. These statutes are in place to protect the family and loved ones of the deceased person.
With our Georgia law, the surviving spouse is the first person eligible to file a wrongful death claim. This claim can also represent any children that the spouse has with the deceased. If children are involved, the terms of the settlement changes. The spouse will keep at least a third of the damages, and the rest would be split between the children.
If the deceased person has no spouse or children, parents can file a wrongful death claim. There are also some circumstances where someone representing the estate of the deceased can bring forward a claim. This would only benefit the next surviving relative of the estate.
What do you need to prove?
You must gather evidence around the cause of the death of the deceased. Our office conducts a thorough investigation, which can include reviewing police reports, accident reports, autopsies, and other evidence. We even review witness statements, as well as video and photographic evidence of the scene. To prove fault in a wrongful death suit, we need to understand all the details surrounding the death.
Some additional evidence we’ll use can include medical records. We will use information gathered from these records to look into pain and suffering that the deceased lived through because of the accident. Generally, we require more intense investigations for any wrongful death suit because there is much information to go over. We need to provide an overview of the life of the deceased before their death.
Our office is experienced in handling wrongful death cases and performing in-depth investigations. It’s essential that we gather as much evidence as possible to build a strong case. We know that we can never bring your loved one back, but we can help you get compensation to start moving forward with your life.
What kind of compensation can I get for wrongful death?
If you win your wrongful death suit, you are entitled to compensation for the damages surrounding the case. What types of damages can you seek, and how is their monetary value determined? Bills are easy to determine because they have a set amount. Other damages, like pain and suffering, will be decided based on our experience handling wrongful death lawsuits.
Compensatory damages, also known as financial damages, are losses acquired by the recently deceased and their surviving family. The damages serve as a way to recover what is lost. Some of these expenses can include funeral costs, medical bills, and even burial costs.
As we mentioned before, some damages are trickier. Pain and suffering, loss of enjoyment of life, and mental anguish don’t have a definitive price tag. We can assess these damages and give you guidance to winning a proper settlement.
Some of the most common areas of compensation in our wrongful death suits are:
Medical Expenses: You can receive compensation for the cost of medical bills that your loved one received before their untimely death. However, these expenses must be related to the event that caused their death. So, if your loved one was killed in a car crash, but was in the hospital for a few weeks before their death, you can receive compensation.
Loss of support: This area covers the lost wages you’re missing because your loved one died. These wages include the potential earnings of the deceased. You can also ask for emotional support as well. We can seek damages for the emotional support you’re missing out on for the rest of your life because of the death of your loved one.
Call Bader Scott Injury Lawyers Today
It’s important to us that we give you the highest quality service, while successfully representing your interests. We know how sensitive a wrongful death suit can be, and we want to honor the memory of your loved one throughout the process. Contact Bader Scott Injury Lawyers today, so that we can begin to get you the relief that you deserve.