A loved one’s death is the most challenging time for many individuals, and it is made worse when you find the death was from someone’s negligence. The details of their death can make the grieving process more grueling, especially when considering legal action. No amount of money will bring them back, but you should still do everything possible to get justice for your loss. After a death, contact a Marietta wrongful death lawyer from Spaulding Injury Law to discuss your options.
Causes of wrongful death claims
Anytime someone suffers an injury, there is the possibility it can be fatal. Sometimes the person will instantaneously die from the injury, and other times they will be in pain until they succumb to their injuries. In both instances, it is traumatic. A slew of things can cause a wrongful death, but some are more prevalent than others.
- Car accidents: reckless drivers, negligent manufacturers, and cities or counties are responsible for causing traffic deaths.
- Motorcycle Accidents
- Semi-truck accident: truck drivers have a higher margin of error and bigger responsibilities than other drivers. Employer negligence, driver error, and defective equipment can trigger a semi-truck accident.
- Medical malpractice: surgeries, failure to diagnose, and other medical errors can cost lives instead of saving them.
- Workplace accidents: workplaces have many dangers, and employers must train and shield employees from hazards. A third party can also share responsibility for a workplace death.
- Defective products: design, manufacturing, or marketing errors can lead to defects that are deadly. All entities involved in making a product should take responsibility when an injury or death occurs.
This is not an exhaustive list, and there are many other ways that you can lose a loved one from negligence. The cause and location of the accident leading to death are vital for filing an injury claim and seeking compensation. There are different insurance policies and liability issues for you and your Marietta wrongful death lawyer to consider in each situation.
Liability for wrongful death claims
When looking at a wrongful death, surviving spouses and families assume the person who was at the scene and caused the accident is liable for their loss. While that can sometimes be the wrongful death case, there are many intricacies with determining liability and who will pay for your losses. An insurance company, product manufacturer, or business owner can also be liable for their contribution to the accident.
Negligent security, hospital administrators, and others are responsible for providing reasonably safe locations for their visitors. When they fail, it can cause injury and death and result in a premises liability claim. When the death occurs on someone else’s property, the property owner is responsible even if they did not witness it. An assault or violent person is another complex situation requiring different legal approaches. A Marietta personal injury attorney is familiar with the various possible liable parties.
Who can receive compensation?
The immediate family or surviving spouse can typically seek compensation for a wrongful death claim. When the person has a will, the state will review it to assess where property, assets, and settlements will go and who can seek legal recourse. If there are no surviving family members, any damages will be sent to the representative of the estate. Compensation will be fairly distributed amongst all beneficiaries eligible to receive payment.
Minor beneficiaries will not directly receive the funds. When an award is $15,000 or less, the natural guardian will hold the funds until the child reaches adulthood. The guardian will protect the funds if the award is more than $15,000. Sometimes the deceased will have specific instructions within their will to put these funds in a trust or other specifications to protect the money.
Recoverable compensation
Money cannot bring back your dead loved one, but it does punish the individual or entities who caused their death. It also deters people from taking the same action in the future, which can save lives. However, you must calculate the losses you suffer when someone dies with the assistance of a wrongful death lawyer in Marietta. Most often, you can seek funeral expenses, the value of the deceased’s life, and medical costs they incurred from the incident resulting in their death.
You need an individual assessment to determine the damages you can seek. In wrongful death case of egregious negligence, the court can also allow you to seek punitive damages. You can seek punitive damages when the defendant’s actions show willful misconduct., fraud, malice, oppression, or wantonness. Punitive damages can be paid to the state treasury, and you should discuss the benefits of these damages with your Marietta wrongful death attorney.
Deadlines for filing claims
Grieving takes time, and you need your space to come to terms with this immeasurable loss. If you plan to take legal action against the negligent party, you should move quickly because there is a small window of time. Statutes of limitations are hard deadlines for victims to file wrongful death lawsuits. When the window expires, you cannot file a claim. Most cases have a two-year statute starting on the death date. There are some exceptions to the deadline, so discuss your claim with a wrongful death lawyer in Marietta.
Wrongful death and criminal charges
Depending on the facts, the negligent party can also face criminal charges. These charges are separate from wrongful death actions. You can file a civil suit regardless of the existence of criminal charges. Criminal convictions require a higher burden of proof than civil claims. You can use the result of a criminal case to prove your civil case if it is beneficial. You should discuss how criminal charges can impact your wrongful death claim with a Marietta wrongful death lawyer.
Speak to a Marietta wrongful death attorney
Spaulding Injury Law takes off the legal burden from families so they can focus on grieving. Primarily a wrongful death claim can punish the other party and bring you justice. A wrongful death lawsuit can result in recovering compensation for medical bills, funeral expenses, future income the deceased would have made, and much more. Schedule an initial consultation with our Marietta wrongful death attorney.
How Can a Marietta Brain Injury Lawyer Help?
A Marietta wrongful death attorney can help you navigate the legal system and get the compensation you deserve. Here’s how:
INVESTIGATION
A wrongful death lawyer will investigate the circumstances surrounding your injury. They will gather evidence, interview witnesses, and consult with medical experts to determine the extent of your injuries and the impact they will have on your life.
NEGOTIATION
Your lawyer will negotiate with insurance companies and other parties involved in the accident to ensure surviving spouse or family member receive fair compensation for your injuries. This can include compensation for medical expenses, lost wages, and pain and suffering.
LITIGATION
If a fair settlement cannot be reached, your lawyer can take your case to court. They will present your case to a judge or jury and fight for the compensation you deserve.
Choosing the Right Marietta Lawyer
When choosing a lawyer, it’s important to find someone who has experience handling traumatic brain injury cases. Look for a lawyer who:
- Specializes in personal injury law
- Has a track record of success in brain injury cases
- Is willing to take your case to trial if necessary
- Will communicate with you regularly and keep you informed throughout the process
How Can a Wrongful Death Attorney Help?
More than five million people in the United States are living with a traumatic brain injury disability, and that’s a number that grows every day. By conducting a comprehensive investigation and building a compelling case on your behalf, a skilled brain injury attorney can help you recover damages for your medical treatment, lost earnings, and possibly more. Get the legal help you need after a brain injury. Speak to an attorney at Spaulding Injury Law by calling us. You may also contact us through the contact form here on our website. We are ready and prepared to fight for the justice that brain injury victims and their families need and deserve.
Type Of Cases We Handle
Personal Injury Attorney in Marietta
Marietta Wrongful Death Lawyer
Marietta Auto Accident Attorney
Motorcycle Accident Lawyer Marietta
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Marietta MARTA Accident Lawyer
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Slip And Falls Lawyer Marietta
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03/30/23 
(770) 744-0890