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When should a grieving family file a wrongful death claim?

On Behalf of | Feb 26, 2019 | Firm News

The unexpected death of a loved one can devastate a Georgia family. If you are mourning the loss of a loved one because of an accident or other preventable incident, it can be especially heartbreaking to know that his or her passing was not necessary. During this time of grief and turmoil, you may not be sure how you will ever be able to pick up the pieces and move forward.

If your loved one’s death was the result of the negligent or reckless actions of another person, you may have grounds to move ahead with a wrongful death claim. This legal recourse is available to those who want to hold liable parties accountable for their decisions and actions. It can also allow your family to recoup some of your losses and prepare for future financial needs.

The validity of your claim

A fatal accident is sad, but that is not always necessarily grounds for a lawsuit. There are certain elements you must be able to prove in order to have a successful claim. In order have a valid claim, you must have evidence of the following factors:

  • There was the death of a person.
  • The death was the result of the negligent or reckless actions of a specific party.
  • Family members are experiencing financial harm as a result of the death.
  • One person is acting as the representative of the estate and other loved ones.

Seeking financial compensation through a wrongful death claim cannot reverse what happened to your family and bring back your loved one. However, it can give you what you need for unexpected expenses, such as funeral costs and emergency room bills.

Through a wrongful death claim, you may also be able to seek damages for your emotional duress, as well as lost income due to the death of your family member. The specific amount you should seek depends on the unique details of your individual situation.

Where should you start? 

It may help to start with a complete evaluation of your case in order to understand the legal options available to you. Speaking with an attorney experienced in personal injury and wrongful death claims can help you move forward with the most appropriate course of action for your family.

The aftermath of a fatal accident and the loss of a loved one is devastating, but you do not have to walk through it alone. You may find great benefit in having legal support and guidance during this difficult time.