The loss of a loved one due to someone else's recklessness, negligence, or even intentional action can be emotionally overwhelming. This devastating experience can leave you and your family members reeling from both emotional and financial burdens at a time when important legal decisions and actions need to be made.
However, filing a wrongful complicated process is made even more emotionally grueling by the overwhelming grief you're experiencing over the death of a loved one. To avoid having to deal with complex claims, it is best that you retain a wrongful death lawyer to represent your legal interest.
![the importance of hiring an experienced wrongful death lawyer the importance of hiring an experienced wrongful death lawyer](/img/preview/custom/20240816090827_law.jpg)
What Is a Wrongful Death Claim?
In Georgia, wrongful death law provides a legal avenue for surviving spouses, children, parents, or an estate to seek compensation for the death of a loved one due to negligence, recklessness, or intentional actions of another party.
For example, if a person dies in or as a result of a car accident, the surviving spouse has the right to file a wrongful death claim on the victim's behalf. If the victim left behind a surviving spouse and minor children, then the surviving spouse (who now also doubles as a legal guardian) represents the interest of the children in court.
If the victim wasn't married and had no children, the claim could be filed by the victim's surviving parents. Regardless of who is filing the claim, wrongful death claims must be filed within two years of the date of the decedent's death. However, there are some limitations imposed by the law of Georgia, and navigating around them effectively would require the expertise of an Atlanta wrongful death lawyer.
Types of Damages
Wrongful death claims in Atlanta can seek several types of damages, like economic and non-economic damages, as well as punitive damages. Economic damages include loss of income and funeral expenses, while non-economic damages include loss of companionship, pain and suffering, and emotional distress. Punitive damages are typically awarded in cases of intentional harm or extreme negligence to punish the wrongdoer and deter similar conduct.
The Importance of Wrongful Death Attorney
In wrongful death cases, the victim's surviving family member sues the person or entity responsible for causing the wrongful death. More often than not, the damages awarded in these cases are paid by the defendant's insurance company, which typically covers the damage.
However, insurance companies often employ adjusters, whose job is to determine and dispute the validity of your claim, often offering lower compensation amounts than those you actually deserve. If you refuse the settlement, insurance companies aren't above practicing hostile tactics, in which they're likely to try and draw the legal process out.
The main aim of these tactics is to compromise you financially through legal fees, medical and funeral expenses that you might have to cover, and pressure you into accepting a lower settlement sum. This is where wrongful death lawyers come in; thanks to their experience and expertise in wrongful death cases, wrongful death attorneys provide you with the negotiation power to deal with insurance and third-party legal defense and make sure you receive a just settlement.
Summary
Wetherington Law Firm provides comprehensive legal services involving personal injury and wrongful death caused by negligence, recklessness, or intentional actions of a third party. We'll negotiate in your stead and offer legal counsel and aid, thus placing you in a position of negotiating power, ensuring that you receive a just settlement.
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