The unexpected death of a close family member can be overwhelming. The emotional scars can be especially deep if you discover the death was preventable. When another person is responsible for this avoidable death, your family could have a legal claim against them.
State law grants a decedent’s loved ones the right to file a wrongful death claim. These lawsuits are not criminal cases. Instead, they are civil actions that could result in monetary compensation for those who are harmed by a premature death. A seasoned personal injury attorney could advise you of your legal rights in this situation.
Wrongful death claims require extensive legal knowledge and are never guaranteed to succeed. A Sandy Springs wrongful death lawyer could assist you with pursuing these claims following the unexpected loss of a loved one.
In a wrongful death claim there could be multiple parties with the right to bring a wrongful death claim under the statute. State law sets out a priority list that starts with the spouse of the deceased person. The spouse has the right to file a claim before anyone else. If there is no surviving spouse or they do not file a claim, the right to pursue a wrongful death case shifts to the decedent’s children.
If there are no spouses or children willing or able to file a wrongful death claim, the decedent’s parents could pursue legal action against the responsible party. The same is true for a personal representative of the decedent’s estate. Determining the appropriate party to file a wrongful death claim is not always simple. A Sandy Springs attorney could help the decedent’s loved ones determine whether they have the ability to file a wrongful death lawsuit.
Building a successful wrongful death case could have complications that might not be common with personal injury claims. These cases stem from a claim the deceased person would have filed had they survived. The inability of the deceased person to testify could complicate these cases substantially. This makes the role of a Sandy Springs attorney vital during a wrongful death lawsuit.
Ultimately, the plaintiff or their attorney must demonstrate that the person who caused the death failed to act reasonably. This involves any act that qualifies as homicide under state law. This term is typically used when discussing criminal murder cases, but it has a more specific meaning in wrongful death claims. According to state law, homicide is a death that results from criminal activity, negligence, or a defective product. It could be possible to pursue a wrongful death claim in Sandy Springs under any of these circumstances.
Because of the differences between wrongful death and personal injury claims, it is vital to seek legal counsel experienced with handling these types of cases. This experience could be vital to obtaining the compensation you seek.
An experienced attorney could pursue your wrongful death claim in a compassionate manner. This could allow you to focus on your family while your legal counsel moves your case forward. Call a Sandy Springs wrongful death lawyer to discuss your potential recovery.