Wrongful death refers to a demise due to an intended action or oversight from someone else. It may be medical malpractice, an accident at work, or on the street—it can also simply have criminal reasons. A wrongful death lawsuit is a broad answer; it allows the victim’s family to get compensated for their loss, whether by punishing involved parties or providing financial support. Navigating through the legal process can be complex. That is where the guidance from experienced Georgia wrongful death attorneys is so important!
Who may file a Wrongful Death Lawsuit?
You may file a wrongful death lawsuit if your rights are not respected, but it is important to note that all people cannot submit a claim.
Usually, these parties have a right to bring about this type of claim:
- Surviving spouse
- Children (biological as well as adopted)
- Parents of unmarried children
- The personal representative of the estate
The laws governing who can file a claim are different in every state. Hence, it is important to talk with an experienced lawyer about your eligibility. Furthermore, every state likewise has a statute of limitations and defines a timeframe inside which you must file a lawsuit. This period can be quite long, generally between 1-3 years from death. It is important to be aware of this period, as filing outside the statute of limitations will render you without any recourse for seeking compensation.
Procedures Involved in Pursuing a Wrongful Death Lawsuit
Here are the key steps that you need to follow:
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Gathering Evidence and Documentation
You will need some very important documentation that will serve as your evidence for the wrongful death that has occurred. These are medical reports, death certificates, accident reports, witness statements, and financial records.
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Negotiation
Attempt to negotiate a settlement with the other party through discussions. To do this, you will need a demand letter. The steps are as follows:
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Demand Letter
The attorney drafts a demand letter and sends it to the liability party’s insurance company, summarizing your claim and the compensation you desire. This letter is accompanied by a detailed retelling of what occurred, the evidence gathered, and the damages calculated.
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Negotiation
Insurance companies generally return with a counteroffer, which is an amount they are comfortable paying.
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Reviewing Settlement Offers (alternative Case Outcomes)
The attorney will tell the plaintiff whether to accept a settlement and explain the advantages and disadvantages of each option. If unsuccessful, the attorney should prepare to file a lawsuit.
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Filing the Lawsuit
The attorney can file a case in the appropriate court if the negotiation does not work out. The case file will contain all the required relevant details of the case, the negotiation, and the documents. After a lawsuit is filed, the defendants must be officially notified of the process of the lawsuit, which is referred to as “service of process.” This ensures that adversaries legally know they are being sued. The jury then determines whether the defendant was liable and the amount of compensation to be awarded. If the case is successful, it may result in the plaintiff receiving a financial award in damages.
Conclusion
While filing wrongful death cases, you must take care of multiple things. Families can be an important catalyst for seeking justice when armed with a basic understanding of the key steps involved in confirming eligibility, collecting evidence, negotiating settlements, and even litigating. Engaging an attorney to assist you through this procedure can also be helpful, allowing for peace of mind and weight off your shoulders, which is crucial during a life-altering time.