Wrongful deaths are one of the most painful and unexpected occurrences that someone can experience, especially when the loss is due to someone else’s negligence. The sudden loss of a loved one can leave you in a difficult situation both emotionally and financially. During the normal course of grieving, funeral planning and other administrative work that needs to be done you may also have to deal with filing a wrongful death suit. Even with support from an Atlanta wrongful death attorney, complex and prolonged legal proceedings are the last thing a mourning individual wants to endure.
Wrongful death suits are particularly difficult because they involve holding someone else accountable for actions that resulted in a loved one’s death. This accountability will have consequences for the defendant’s life as well, which your Atlanta wrongful death attorney can explain.
A trusted Atlanta wrongful death attorney can serve as a supportive, compassionate guide throughout the difficult process of filing a suit and successfully resolving the case.
Demanding Justice For A Wrongful Death
Losing a loved one is never easy. That being said, when your loved one’s death is caused by the carelessness of someone else, it can be difficult to process. G. Briceno Law has worked with clients throughout Georgia, Florida, Alabama, and Washington state facing such unbearable circumstances. We are committed to representing those who need it most.
You May Be Eligible For Compensation
While no amount of money can bring someone back, it can help bring closure. Depending on your case, you and your family may be entitled to compensation. This could include payment for medical expenses and funeral costs. It could also be for all the pain and suffering the negligent party has caused. Our attorneys are here to act as your fearless advocates. We will examine your case, discuss all of the possible options and fight for what is right.
These cases are notoriously complex. Many things must be done in order to win. That being said, it doesn’t discourage us from doing everything we can. We will thoroughly examine all areas of a claim. From medical records to police reports and talking to necessary witnesses, no stone will be left unturned. We will also always clearly communicate what we find. Our goal is to find a solution you can be satisfied with, no matter what it takes.
While no amount of money can bring someone back, it can help bring closure. Depending on your case, you and your family may be entitled to compensation that includes payment for medical expenses, funeral costs, and pain and suffering the negligent party has caused. Our Atlanta wrongful death attorneys are here to act as your fearless advocates. We will examine your case, discuss all of the possible options and fight for what is right.
Wrongful death cases are notoriously complex and require the expertise of an Atlanta wrongful death attorney to effectively win. As your partner, we will thoroughly examine all areas of a claim. From medical records to police reports and talking to necessary witnesses, no stone will be left unturned and we will also always clearly communicate what we find. Our goal is to find a solution you can be satisfied with, no matter what it takes. The Atlanta wrongful death attorneys at G. Briceno Law will empathetically but forcefully pursue justice for people who have wrongfully lost a loved one.
After serving hundreds of clients across various states we’re proud to maintain a pristine 5-star reputation on multiple law service review sites, and to have been awarded a Client’s Choice award from Avvo.com. Our commitment to getting the results our clients deserve has made us a preferred Atlanta wrongful death attorney during difficult times.
Wrongful death claims are the result of someone dying due directly or in part to the legal fault of another person or entity. Put simply, a wrongful death is one that would not have occurred without interference or negligence on the part of another individual or parties. Unlike criminal prosecution, an unlawful death suit is a civil case that does not involve criminal charges.
In a wrongful death suit, the claimant is the person suing on behalf of the deceased individual and the defendant is the person or other entity alleged to be at fault in the claim. The purpose of a wrongful death suit is to afford survivors of the deceased an opportunity to receive compensation for both material and immaterial losses as a result of the wrongful death.
Common examples of wrongful death suits include:
- Car accidents
- Truck accidents
- Airplane accidents
- Medical malpractice
- Defective products
Regulations determining exactly which survivors of the deceased have a legal right to file a wrongful death suit vary state by state. Your Atlanta wrongful death attorney should provide exact guidance on your eligibility to pursue a claim based on your relationship to the deceased. In most states, at least the following parties have a legal right to file a wrongful death suit on behalf of the deceased individual:
- Immediate family members, including parents, children and siblings
- Legal representatives of the deceased’s estate
- Some states may allow those who were financially or relationally tied to the deceased individual to file a wrongful death suit, including life partners, putative spouses, distant family members and others who can reasonably demonstrate financial dependence on the deceased that will be affected by their death
Wrongful death suits can be filed against a wide variety of defendants ranging from private citizens to companies and government agencies. Determining who shares part or all of the liability requires your Atlanta wrongful death attorney to prove that the defendant was negligent (breached a duty of care) in their responsibilities or intentionally sought to harm the deceased. This negligence or conscious act has to be shown to have directly and proximally resulted in the death occurring.
To further complicate matters, your Atlanta wrongful death attorney might be able to expand your claim to include multiple defendants in a wrongful death suit if their contribution to the untimely death can be reasonably demonstrated. Some states also prohibit certain types of employees of government entities from being named in wrongful death suits.
Determining and demonstrating exactly which parties are liable in a wrongful death suit requires the support and representation of skilled Atlanta wrongful death attorneys like G. Briceno and Associates.
It is highly recommended that you contact an Atlanta wrongful death attorney immediately after a wrongful happens. Although the period of time immediately after a death is often most difficult, it is also when material facts and witness testimony will be most reliable and recoverable, allowing your Atlanta wrongful death attorney to build the best case possible.
Many states have a short statute of limitations on wrongful death suits, which requires you to act quickly in filing a claim. Most statutes of limitations are only 2-4 years, and an Atlanta wrongful death attorney can help you understand which limitations apply in your claim.
Depending on the state, there are several mitigating circumstances that could delay the statute of limitations from taking effect. If criminal charges are also brought against the defendant, the wrongful death case could be postponed until the criminal prosecution is resolved. Criminal trials can last years before the case is resolved. In cases where the deceased individual does not have a legally binding will it’s possible for the statute of limitations to be postponed for up to five years.
Claimants in a wrongful death lawsuit can typically pursue two kinds of damages: tangible (economic) and intangible (non-economic).
Aside from the emotional toll they incur, wrongful deaths will require the survivor’s family or some representative of their estate to conduct funeral arrangements, handle communication with the next of kin, manage assessments and disbursements of the estate and perform other administrative functions on behalf of the deceased. Wrongful death may cause undue financial hardship on someone who relied on the deceased for support. The resources lost and spent due to a wrongful death are all eligible for compensation as part of the total damages sought. Based on the details of your situation, an Atlanta wrongful death attorney may advise specific damages because they have the highest likelihood of a successful financial compensation. When damages of this sort are sought by someone who is legally caring for the deceased individual’s estate it is usually called an estate claim. An Atlanta wrongful death attorney can provide assistance even if you’re not directly related to the deceased.
Intangible damages in wrongful death cases are much harder to quantify but are usually quite apparent and can yield compensation if adequately demonstrated. Being awarded intangible damages often requires the skilled Atlanta wrongful death attorney. Specific compensatory damages (economic and non-economic) often sought in wrongful death cases include:
- Loss of wages or other financial assistance
- Funeral and burial costs
- Additional costs incurred from prior care for the deceased individual
- Various out of pocket expenses
Because these cases can be long and complex, an experienced Atlanta wrongful death attorney will help guide you through each step of the process. Overall, your personal injury lawyer should help you get justice for the wrongful death and help secure compensation for family members in their absence.