Losing a loved one as a result of someone else’s careless or negligent actions is incredibly difficult. Surviving family members find themselves left to pick up the pieces and deal with the unanticipated consequences of the accident. Their losses range from tangible to emotional, and nothing can ever truly alleviate the harm caused.
However, if the death of your loved one was caused by negligent or ill-meant acts of another person, you may be eligible to file a wrongful death suit. Doing so isn’t just about receiving justice for your loved one, though it certainly can help with that. It can also be a way to help your family recover a financial safety net during this difficult time.
The legal team at Monge & Associates can help you understand your legal rights and options for pursuing a wrongful death claim. Our Atlanta-based attorneys know how difficult it is to move forward after such an unfair loss. We are here to support you and help you secure the justice and fair recovery you deserve.
Contact our firm online or by phone at (800) 860-8021 to schedule a free consultation. Our team can review your claim and help you determine your next steps.
Your Legal Rights After the Loss of a Loved One
Filing a lawsuit may be a low priority as you grieve your loved one, but before you put the idea aside completely, we want to make sure you know and understand your full rights. Our legal system is built to help the innocent by making the perpetrators of negligence or criminal behavior provide what recompense they can. Though individual cases may be complex, the foundation they are built upon is very simple.
Knowledge and Understanding of the Situation
One of the hardest things in a wrongful death case is understanding why your loved one had to be the one involved. By bringing a lawsuit, not only will you justify our team’s investigation of the accident, but you’ll also be able to have a dialog with the at-fault party. Whether a negligent company or a drunk driver, the person who caused your loved one’s death will have to face you to explain their behavior.
The “damages” plaintiffs are able to recover are calculated based on their perceived monetary and non-monetary losses. Of course, the legal system recognizes there is no amount of money that can truly compensate the victims of such losses for everything they have faced. However, the goal is to lessen the strain on those who were affected by any tragedy caused by another’s actions.
Though each case varies, in a wrongful death suit, you could be able to recover:
- Medical expenses incurred as a result of the accident prior to death
- Funeral and/or burial costs
- Loss of income, if the deceased was a provider for you/your family
- Loss of future earnings and/or expected inheritance
- Pain, suffering, and emotional anguish
- Loss of companionship/consortium
In Georgia, only certain surviving family members may pursue a wrongful death claim. These include, in order: the surviving spouse and/or children (if any), the surviving parent(s), and the personal representative of the estate.
The Lawsuit Process
When we take on a wrongful death case, we support the client from the beginning to the very end. After providing a free initial evaluation we will investigate the accident and speak with you, other loved ones, and any potential witnesses to begin to build a case. We will manage all procedural requirements and ensure everything is done properly in the filing of your suit.
Even if the at-fault party knows their actions were reckless, most people do not want to be held accountable via a wrongful death suit. They will likely mount a defense—and our team will determine and prepare the arguments we believe will be most successful in countering their claims. No matter how they try to evade responsibility, we will do everything we can to protect your right to compensation.
Many wrongful death cases are eventually settled, but whether we manage to negotiate a fair recovery for you or have to take the fight to court, we’ll advocate for your best interests. The arguments and evidence we have put together on your behalf are useful either in a one-on-one or in front of a jury. Our team will make the most of everything we have to pursue a positive result.
What to Do If You Think You Have a Claim for Wrongful Death
If you think you have a claim for wrongful death, the first thing you should do is call our firm for a free case review. Though we know thinking about your loved one’s accident can be difficult, we do caution you against waiting too long to consider legal action. In most cases, the statute of limitations is two years from the date of death. If you do not file your claim within this time, you may lose your opportunity to pursue justice. The sooner you reach out, the sooner we can begin investigating, potentially getting the chance to preserve evidence that might otherwise be lost.
Whether your loved one was killed in a car crash, a workplace accident, as a result of nursing home abuse, or in another situation involving negligence, we want to help you take legal action in their memory. There are no fees or costs unless we win your case and we come to you 24/7.