What Does a Wrongful Death Lawyer Do?

A wrongful death lawyer is a legal professional who specializes in cases where an individual has died because of someone’s negligence or wrongful action. They are dedicated to helping surviving family members get justice and compensation.

Most wrongful death lawyers in Atlanta are also personal injury lawyers. The reason is that wrongful death claims are filed when a victim could have sued for a personal injury claim but cannot because they have passed away.

Hiring a wrongful death lawyer, such as the team at John Foy & Associates, can save a family from the financial shock of losing a loved one before their time. Here’s what families need to know about what a wrongful death lawyer does.

What Kinds of Cases Do Wrongful Death Lawyers Take?

Wrongful death lawyers handle a variety of cases where deaths have occurred under circumstances that could have been prevented. These cases often involve:

• Medical malpractice leading to death.
• Car, truck, or motorcycle accidents resulting in fatalities.
• Workplace accidents causing death.
• Deaths caused by defective products.
• Deaths from criminal actions.
• Deaths due to negligence in nursing homes or other care facilities.

In short, any situation where someone could have made a personal injury claim could become a wrongful death claim if they pass away.

Who Can Hire a Wrongful Death Lawyer?

The people who can hire a wrongful death lawyer for a case depend on state laws. In Georgia, there are four classes of people who are allowed to bring a wrongful death claim. People higher in this list have a greater claim than those below.

• The surviving spouse of the deceased.
• The children of the deceased.
• The parents of the deceased, if there is no surviving spouse or children.
• The personal representative of the estate.

People lower on the list may have a better claim if people higher on the list do not file a wrongful death claim within a year of the death. Speak with a wrongful death attorney if you’re unsure if you have standing to start a wrongful death claim.

What Services Does a Wrongful Death Lawyer Provide?

• Case Evaluation: They will assess the details of your case to determine if your case is valid, your chances of winning, and if you have standing to bring a wrongful death claim.
• Investigation: They will gather evidence to build a strong case showing the defendant’s negligence.
• Start Legal Proceedings: Handling all legal paperwork and meeting deadlines to file the wrongful death lawsuit.
• Negotiation: Working with insurance companies and opposing counsel to negotiate a fair settlement.
• Litigation: Representing the family in court if a satisfactory settlement cannot be reached.

How Does a Wrongful Death Lawyer Charge for Their Services?

Most wrongful death lawyers will work for families on contingency. This means that they get nothing unless they win the case or secure a settlement for the family. The fee is typically a percentage of the final compensation. This lets families pursue their cases without upfront costs.

If your case is lost and you get nothing, the family will owe the lawyer nothing for their services. Using a percentage keeps payments fair and gives lawyers an incentive to get you the most compensation they can.

What Can Families Hope to Recover Through a Wrongful Death Lawsuit?

Compensation in wrongful death cases can cover:

• Medical expenses incurred before the death.
• Funeral and burial costs.
• Loss of income and benefits that the deceased would have earned if they had lived.
• Loss of companionship, care, and guidance.
• Pain and suffering of the deceased before they died.
• Punitive damages in cases of egregious misconduct.

Covering these costs cushions the financial blow of losing a loved one and prevents further financial shock to a family’s income due to the loss of a breadwinner.

How Long Does a Family Have to File a Wrongful Death Lawsuit?

This depends on the state, but the deadline in Georgia is two years from the date of the death.  Missing this deadline can permanently bar the family from pursuing compensation, making it critical to consult a wrongful death lawyer as soon as possible after the death occurs.

Can a Wrongful Death Lawsuit Start if There Is a Criminal Trial?

Yes, a wrongful death lawsuit can be filed independently of any criminal proceedings. Even if the party responsible for the death is acquitted in criminal court, they can still be held liable in civil court, where the standard of proof is lower.

What Happens if the Negligent Party Is Uninsured or Underinsured?

Wrongful death lawyers, like the team at John Foy & Associates, can explore various avenues for compensation, such as looking into employer liability, third-party responsibility, or additional insurance policies. There are more roads to getting compensation than you may know, so don’t give up hope.

Hire a Wrongful Death Lawyer Now

Now that you know what a wrongful death lawyer can do for you, it’s time to consult with one if you’ve lost a loved one. Contact John Foy & Associates now for a free consultation. Time is of the essence in these cases, so call right away or use our contact form to send an email.