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Surviving family members of a deceased person who lost their life due to another person’s fault feel distraught and confused. Filing a wrongful death lawsuit may seem overwhelming; however, Atlanta wrongful death attorneys can relieve your family’s worry. Through this lawsuit, you can recover monetary compensation that can help your family gain financial stability. Also, recovery can help with the financial stress that your loved one’s death brought on, including medical costs and lost income.

Filing a Lawsuit

When you file a wrongful death lawsuit, here are the steps you should take:

  • Choose a lawyer. Make sure you hire the best attorney since a wrongful death case can be complicated. Choose a lawyer you can trust and have extensive experience in this type of case.
  • Collect evidence. Once you hire an attorney, they will help you gather important evidence to substantiate your claim. You need evidence to prove the at-fault party’s liability and the damages incurred.
  • After your attorney determines the amount of compensation to seek, they will negotiate for a fair settlement with the other party. This allows for the faster resolution of your case. But if this does not work, your attorney can always represent you in court, if necessary.

Who Can Bring a Lawsuit

In Atlanta, Georgia, there are certain individuals who are qualified to bring a wrongful death lawsuit. There is a hierarchy of relatives set by the state. Under state law, the decedent’s spouse may bring a lawsuit, even for their minor kids. But no matter the number of kids, the spouse gets 1/3 of the compensation award.

If the decedent was not survived by a spouse, their children can file. But if they had no children, their parents can sue for wrongful death. Without these surviving family members, eligibility for filing a lawsuit goes to the designated estate representative of the deceased. The estate will hold all recovered damages, which will be divided to the next of kin.

Possible Recoveries

Often, a lot of claimants file for the full value of a decedent’s life. This entitles surviving family members to get financial compensation for the economic and non-economic value of the life of their deceased loved one. Usually, such damages include expected lost wages and employee benefits, as well as the loss of care and companionship that the decedent would have given to the loved ones they left behind. If the estate brings a successful claim, the damages that can be recovered include medical expenses, funeral and burial costs, and the decedent’s pain and suffering before their death.

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