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Wrongful Death Claims: An Overview

It is incredibly saddening to hear that a family member suddenly passed away due to wrongful death. When someone else’s negligence resulted in your family member’s or loved one’s death, it is normal to feel depressed. You may also be experiencing a number of damages because of your loved one’s death.

When you are dealing with a wrongful death, you need an attorney to summate all of the damages you can claim. These include the following:

What Makes A Wrongful Death Eligible

In order to bring a successful wrongful death claim, the following must be proven: 

  1. The death of a person.
  2. That the death was caused by negligence or intentional harm on the part of the defendant.
  3. The surviving family members suffer financial harm as a result of the death.
  4. A personal representative is appointed to bring the claim on behalf of the deceased’s estate. 

Once these elements are established, damages that can be sought in a wrongful death claim include loss of companionship and support, medical and funeral expenses, and loss of income or future earning potential.

Eligible Survivors Who Can Claim Wrongful Death

The surviving spouse and any of the wrongful death victim’s survivors can be awarded the wrongful death settlement on behalf of the victim. If they are unable to claim, parents or siblings can claim on their behalf. After that, other relatives can claim damages if no one else is available. 

How To Claim A Wrongful Death Settlement

Your attorney will help you claim a wrongful death settlement by doing the following:

Evidence

In addition to the evidence you and other survivors provide, your attorney will discover additional evidence to support your claim. They will perform an investigation and use evidence, medical bills, video surveillance, witness testimonies, police reports, and more to show how the other party is at fault. 

Calculation Of Damages

Wrongful death attorneys calculate damages using traditional methods. They calculate both economic and economic damages that fairly represent the severity of your loved one’s wrongful death case. 

Types Of Damages Covered In A Wrongful Death Settlement

The types of damages that your attorney will include in your compensation include the following:

  • Loss Of Consortium 
  • Loss Of Earning Capacity
  • Loss Of Valuable Services
  • Funeral And Burial Fees
  • Lost Benefits
  • Pain And Suffering

There are a large number of damages you can claim with your wrongful death attorney’s guidance.

Negotiation

Being a high-level communicator, your attorney will reach out to all involved parties to negotiate a fair settlement on your behalf. They deliver drafted documents to all involved parties and request a settlement payment from them. The other parties may argue or deny the claim, but with proper evidence, it can be difficult for them to avoid the liability associated with your family member or loved one’s death. 

Court Representation

If the other party refuses to settle, your attorney will file a lawsuit on your behalf and take them to court. They will represent you and other survivors before the judge and jury. 

How Do I Know If I Am Eligible For A Wrongful Death Claim?

Survivors of the wrongful death victim typically refer to their dependents and spouse. However, this can also include their heir or anyone named in the will or estate. When those individuals are not present, the eligibility passes on to the parents and siblings of the victim. You can read more about it here: atlantapiattorney.com/wrongful-death/

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