What This Page Covers
- Elements of Wrongful Death Claim: To file a wrongful death claim, you must establish negligence or intentional wrongful acts, prove a direct connection between the action and the death, involve surviving family members, and consult an attorney for legal representation.
- Recoverable Damages: In a wrongful death claim, you can recover economic damages, non-economic damages, and possibly punitive or property damages.
- Lawyer’s Role in the Process: A lawyer provides legal expertise and guidance, conducts a thorough investigation, negotiates with insurance companies, offers emotional support, and ensures timely legal action to protect your rights.
- Support in Challenging Times: Losing a loved one due to negligence is emotionally challenging, and a compassionate lawyer can help you seek justice while you cope with your loss.
Losing a loved one due to someone else’s negligence is an unimaginable tragedy, and the process of securing justice can be overwhelming. Working with a seasoned wrongful death lawyer and having legal support can be instrumental during this challenging time. From exploring the elements of a wrongful death claim to discussing the recoverable damages, they can help successfully navigate your claim so you can focus on the grieving process.
Taylor Odachowski Schmidt & Crossland, LLC is here to offer support. Our compassionate team of personal injury attorneys understands the complexities of these cases and is committed to helping you seek justice for your loved one. Your loved one deserves a voice, and we are here to help you navigate the path toward accountability and compensation.
Understanding Wrongful Death Claims
Wrongful death is when a person loses their life due to someone else’s negligence or intentional actions. In order to file a wrongful death claim, the following elements are often necessary:
- Negligence or Wrongful Act: A crucial element is proving that the deceased person’s death resulted from another party’s negligence or intentional wrongful act. This could involve actions like reckless driving, medical malpractice, or unsafe premises.
- Causation: Establishing a direct link between the negligent or intentional act and the person’s death showcases a clear connection between the responsible party’s actions and the fatal outcome.
- Surviving Family: Wrongful death claims are typically brought forth on behalf of the deceased person by their surviving family members. Depending on the family structure, this may include spouses, children, or parents. These family members must show that they suffered damages as a result of the death, such as loss of financial support or emotional distress.
- Consult an Attorney: It’s important to work with a seasoned attorney who can help protect your rights and best interests.
Wrongful death claims aren’t just legally complex – they are also an emotionally tasking process. By working with an attorney, you ensure you have someone with a clear head fighting to make sure the negligent party is held accountable for their actions.
What Damages Can You Recover in a Wrongful Death Claim?
Losing a loved one is incredibly challenging, and if that loss is due to someone else’s negligence or intentional actions, it can be even more difficult. While no amount of money will ever account for your loved one’s death, some recoverable damages that can help minimize medical or funeral bills include:
- Economic Damages: These are tangible losses that can be quantified, such as medical expenses incurred before the person’s death, funeral and burial costs, and the loss of the deceased person’s future earnings and financial support.
- Non-Economic Damages: These are more subjective losses with no precise monetary value. They may include the pain and suffering experienced by the deceased person before their death, as well as the emotional distress, loss of companionship, and mental anguish endured by the surviving family members.
- Punitive Damages: In certain cases involving extreme negligence or intentional harm, the court may award punitive damages. These damages are meant to punish the responsible party and deter similar conduct in the future. However, Georgia law places limits on punitive damages, and they are not guaranteed in every wrongful death case.
- Property Damages: If the deceased person’s property was damaged or destroyed as a result of the incident leading to their death, the family may seek compensation for these losses.
Recovering damages in a wrongful death claim involves a careful assessment of the specific circumstances and losses endured by the surviving family members. These damages aim to provide financial support and acknowledgment of the pain and suffering caused by the wrongful death.
How Does a Lawyer Help During a Wrongful Death Claim?
Having a compassionate and skilled Brunswick wrongful death lawyer by your side during a wrongful death claim can make a significant difference in the outcome of your case. A Brunswick wrongful death attorney provides many benefits, including:
- Legal Expertise and Guidance: From filing the claim to negotiating with insurance companies or representing you in court, a wrongful death attorney ensures that your rights are protected, allowing you to focus on coping with your loss.
- Thorough Investigation: Lawyers conduct thorough investigations into the circumstances surrounding the death by gathering evidence, consulting experts, and building a strong case. This meticulous approach is essential to present a compelling argument and increase the chances of a successful claim.
- Negotiation and Advocacy: Insurance companies and opposing parties may attempt to minimize their liability or offer inadequate settlements. A wrongful death lawyer acts as your advocate, skillfully negotiating on your behalf to secure fair and just compensation.
- Emotional Support and Sensitivity: A compassionate wrongful death attorney provides not only legal support but also emotional support, understanding the sensitivity of the situation. They act as a liaison between you and the legal proceedings, allowing you the space to grieve while they handle the complexities of the case.
- Timely Legal Action: There is a statute of limitations that dictates the timeframe within which a wrongful death claim must be filed. In Georgia, that is two weeks from the date of the accident. A wrongful death lawyer ensures that all legal actions are taken promptly, preventing any potential obstacles to your claim.
While a wrongful death attorney cannot erase the pain of losing a loved one, their support and legal expertise can make a significant impact during a wrongful death claim. If you find yourself facing such a situation, seeking the assistance of a dedicated and experienced wrongful death lawyer is a crucial step toward seeking justice and holding responsible parties accountable.
Contact Our Experienced Brunswick, GA Wrongful Death Attorneys Today
Losing a family member due to the negligence of another is an incredibly painful experience, and pursuing a wrongful death claim can feel like an uphill battle. However, understanding your rights and having a compassionate legal team by your side can make a significant difference.
If you need a helping hand in navigating the legal complexities of a wrongful death claim, Taylor Odachowski Schmidt & Crossland, LLC is here for you. Our team of experienced wrongful death lawyers is dedicated to assisting families like yours in seeking justice and obtaining the compensation you deserve. Contact us to schedule a consultation by completing our contact form or by calling (912) 634-0955.
