Atlanta Wrongful Death Case Process

The death of a loved one is always difficult, but it may feel even worse if the death was preventable, and the fault of a negligent party. A compassionate wrongful death lawyer may be able to help you and your family through the Atlanta wrongful death case process, hopefully finding justice for your loved one. From investigation to trial, these cases can take time, but caring legal counsel could see you through the process.

Wrongful Death Case Investigation Process

Anytime a person suspects that a loved one has died due to the negligent or reckless acts of another, they should contact an attorney to discuss their concerns. A personal injury attorney may be able to clarify whether a case is worth pursuing. If the case is eligible, they may begin an investigation.

In many respects, a personal injury case and wrongful death case are not investigated any differently. They involve the same pieces of evidence, except that the deceased victim of the wrongful death is not present to give their version of what happened. The surveillance tapes are much more important in wrongful death scenarios because they may be the only accounting of what happened. Black box data might also show what occurred.

It is very important that all evidence related to the wrongful death case is gathered as soon as possible after death. Autopsy reports, surveillance video at the scene of death, accident reports when vehicles are involved, and possible black box data could all be helpful in building a case. A talented lawyer may be able to help you gather essential information and determine whether there is a precedent for a case.

Cause of Death and The Way the Case is Presented

If the cause of death is in dispute, then the case may be more complex. If the victim has a theory of what caused the death that differs from the negligent party, then additional expert testimony may be required to establish the cause of death in an Atlanta wrongful death case court process.

This impacts the length of the case and the expenses involved. When there are more experts giving testimony involved, expenses can grow.

Wrongful Death Case Timeframes

From the time the person dies to the conclusion of the lawsuit, a wrongful death case can take anywhere from two to five years on average. There are several factors that with all to the length of time a wrongful death case can take. How soon the family retains a lawyer after the death is correlated to the length of the overall case.

In Georgia, there is a two-year statute of limitations to file a suit from the date of the death. That is the general statute of limitations. If the family waits until almost two years from the date of death, that impacts the timeline. The complexity of the case and the circumstances of death may also affect the length of the legal process. Different courts have differing timelines, and some are busier than others, further changing the amount of time needed.

Unless the case is voluntarily ended by the deceased’s advocate, there must be a settlement or a judgment entered for the case to end. When either a settlement is reached by the parties or a jury has returned a verdict, the case can be appealed.

Call a Personal Injury Attorney Today

When a loved one dies, the last thing you are thinking about is a lawsuit, but taking some time to consult with a personal injury attorney may help with some of the tangible economic costs of a death. A lawyer may be able to help prepare you for the Atlanta wrongful death case process, and fight for the best outcome. Call today to schedule a consultation for your particular case.

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