Losing a loved one is an incredibly challenging and heartbreaking experience, made even more devastating when it occurs due to wrongful death. In such tragic situations, understanding your rights and knowing where to turn for help can be overwhelming. Coping with grief while considering legal action may seem daunting, but rest assured that you don’t have to navigate this process alone. At Angell Law Firm, we are dedicated to supporting you through every step of your wrongful death claim, helping you seek justice and the compensation you deserve.
Proving Liability in a Wrongful Death Case
To successfully pursue a wrongful death claim, it’s crucial to establish the liability of the negligent party. Our experienced personal injury lawyers are well-versed in compiling compelling evidence to support your case. Before moving forward, it’s essential to determine your eligibility for filing a wrongful death lawsuit.
Eligibility for Filing a Wrongful Death Lawsuit
Certain individuals have the legal right to file a wrongful death claim. Typically, the surviving spouse is the first party eligible to file. If there is no surviving spouse, the victim’s surviving children may proceed with the claim. In the absence of both a spouse and children, the deceased’s parents or other relatives may be eligible to file the claim.
Understanding Duty of Care
Regardless of who files the lawsuit, establishing liability involves demonstrating that the negligent party had a legal duty to protect your loved one from harm. For instance, if your loved one was involved in a car accident, other drivers on the road owed them a duty of care. However, if the deceased was engaged in criminal activity or trespassing, the duty of care may not apply.
Breach of Duty and Causation
Proving liability requires showing that the negligent party breached their duty of care, directly leading to the fatal accident. This breach may involve acts of carelessness, failure to maintain safe conditions, or neglect to address hazards that endangered your loved one. Establishing a clear connection between the breach of duty and your loved one’s untimely passing is crucial.
Understanding Damages in Wrongful Death Cases
As you navigate the complexities of a wrongful death claim, it’s essential to grasp the various types of damages that may be awarded. These can help you seek fair compensation for the losses you and your family have endured.
Economic Damages
Economic damages address financial losses resulting from your loved one’s death. They may include medical bills, funeral expenses, and the loss of financial support that the deceased provided to the family. Your attorney will work diligently to ensure you don’t suffer undue financial burdens during this challenging time.
Non-Economic Damages
Non-economic damages encompass the emotional and intangible losses the surviving family members suffer. They can include pain and suffering, loss of companionship, emotional distress, and the impact on your quality of life. While putting a monetary value on these losses may be challenging, they are crucial to consider when seeking compensation.
Punitive Damages
In some cases, punitive damages may be awarded if the negligent party’s behavior is deemed particularly egregious. These damages serve as a form of punishment and are granted at the court’s discretion.
Navigating the Legal Process
Understanding the legal process of a wrongful death claim is essential to manage your expectations effectively. Although every case is unique, the following stages are commonly encountered:
Investigation
Thoroughly investigating the accident and gathering evidence is crucial. This may involve gathering witness testimonies, analyzing accident reports, and consulting with expert witnesses.
Negotiation
Your attorney will negotiate with the opposing party, such as insurance companies or the responsible parties, to reach a fair settlement. They will advocate for your best interests and ensure your rights are protected.
Settlement Discussions
If a favorable settlement is reached, your attorney will guide you through the settlement process, ensuring you understand the terms and implications before accepting.
Trial
If a settlement cannot be reached, your case may proceed to trial. Your attorney will prepare a strong case and represent you in court, advocating for the compensation you deserve.
Challenges and Defenses
It’s essential to be aware that wrongful death claims can face challenges and defenses from the opposing party. These may include allegations of contributory negligence or attempts to shift blame. Your attorney will strategize and counter these defenses to protect your rights and seek fair compensation.
Conclusion
Coping with the loss of a loved one due to wrongful death is a harrowing experience. However, seeking justice and compensation for your family’s losses can provide some sense of closure and financial stability during this challenging time. At Angell Law Firm, our compassionate attorneys understand the emotional toll of such circumstances and are dedicated to helping you navigate the legal process with care and expertise. Contact us today for a compassionate and comprehensive evaluation of your wrongful death claim. We are here to support you on the path to justice and healing.
Bryce is considered a highly esteemed trial lawyer and a passionate client advocate amongst his peers in the Atlanta legal community. Never afraid to go the extra mile for his clients, Bryce Angell works tirelessly to ensure that each client’s personal injury case gets the attention that it deserves.
