Understanding The Function Of A Wrongful Death Attorney
How can an attorney help you obtain restitution for your loved one?
When a loved one passes away as a result of another’s negligence or misconduct, there are a vast array of repercussions. From emotional stress to financial losses, grieving a loss is an upsetting and taxing situation that nobody should have to deal with.
While no amount of money can bring back your loved one, it has the potential to provide a degree of legal justice on the decedent’s behalf. In addition to this, the financial security that a wrongful death settlement offers the family left behind is vital to their well-being moving forward.
If you have found yourself in this unfortunate situation, speaking with a wrongful death attorney can offer you the legal insight you need to pursue a successful claim on your loved one’s behalf.
The complexities of wrongful death lawsuits can be overwhelming and challenging to navigate. With the oversight of an experienced professional, you will be able to make the decisions you need to resolve your case in a time-efficient and trouble-free manner.
Do You Need An Attorney To Sue For Wrongful Death?
Technically, you can sue for wrongful death without a lawyer – however, it is unlikely that you will succeed. Without the knowledge of a wrongful death claim lawyer, you will not know what the court requires you to present, rendering your case futile.
Understanding the necessary steps to take in a wrongful death claim requires a level of expertise that most individuals do not possess. This makes it immensely challenging to proceed with any legal action at all.
Additionally, if you try to pursue these claims without an attorney, you are likely to miss out on a large portion of compensation that can cover your losses. These include:
- Medical bills of the decedent
- Funeral costs
- Pain and suffering
- Lost future income and other financial benefits
- And more…
While it may seem like you will save on legal fees by not working with a lawyer, the reality is that you will presumably not have a case to pursue at all without appropriate legal representation.
The Initial Steps To Take When Filing A Wrongful Death Claim
First of all, it is important to understand that only specific people are able to file wrongful death claims. These individuals include:
- The Spouse of the Deceased
- The first person who is able to file a wrongful death claim is the surviving spouse. These individuals also have the ability to file a suit on behalf of any children of the deceased who are younger than the age of 18. In any case, the surviving spouse is entitled to at least one-third of the total financial settlement from the wrongful death claim.
- The Parents of the Deceased
- If the decedent did not have a surviving spouse or children, any surviving parents are permitted to file a wrongful death claim.
- The Estate Representative
- A designated representative of the decedent’s estate may also file a wrongful death claim. In this case, any damages awarded will go to the deceased’s estate and be dispersed to their surviving next-of-kin.
The second factor to consider when filing a wrongful death claim is the statute of limitations. In Georgia, you are permitted to file a wrongful death claim up to two years after the death of your loved one.
Once you determine your claim’s eligibility, the next step is to file documents to initiate a civil lawsuit. Once the lawsuit is filed, the appropriate documents must be provided to all defendants involved in the case. This is a legal procedure known as “service of process”, which officially notifies the defendants of the lawsuit.
These initial steps are crucial to the success of your claim, as they are the foundation of your lawsuit as a whole. If you have questions about how you can get started with your lawsuit, it is recommended that you speak with a wrongful death settlement lawyer as soon as possible.
The Giannini Law Office Can Help You Hold Negligence Accountable
Your loved one’s untimely death deserves justice. Our firm is here to offer our thoughtful professionalism as you navigate the legal system.
If you are looking for a wrongful death compensation lawyer in the greater Lawrenceville, GA area, look no further than the Giannini Law Office. To get started with a proactive legal strategy, please do not hesitate to contact our office today for a free initial consultation.
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