Atlanta Survival Action Case Process
After the untimely death of a loved one, the last thing you might wish is to take on the burden of a prolonged legal proceeding. However, if you find yourself in financial troubles because of a sudden and irresponsible loss in your family, a survival action case led by a team of caring lawyers could help you recover. The process for Atlanta survival action cases could help you recover the compensation you need to deal with ever-mounting medical and funeral expenses. Attorneys stand ready to gather evidence, ascribe negligence, and help you through this trying time.
First Steps in an Atlanta Survival Action Case
The first steps for victims who wish to pursue compensation would be to consult an attorney with experience in wrongful death litigation who could:
- Learn all of the facts surrounding the wrongful death,
- Make an initial determination whether or not there was a wrongful death case worth pursuing,
- Determine what evidence to acquire,
- Determine who all the potential witnesses are, and
- Determine who all the potential responsible parties are.
Once the attorney decides there is enough information to pursue a wrongful death case and the family of the decedent has retained the services of that attorney, he or she begins gathering that evidence, getting the witness statements, getting any video, black box data, the autopsy, and securing all the evidence that is going to be required to prove the case.
When all of that information has been received and it is determined that there is a responsible party for the individual’s death, an attorney then drafts a lawsuit and file it with the appropriate court.
Establishing Liability
By performing a thorough investigation, an experienced medical malpractice attorney could make a determination whether or not a medical malpractice wrongful death case exists. With the assistance of an in-house doctor, attorneys could gather professional testimony for a victim’s claim.
An attorney would have to collect all of the relevant medical records involved in the alleged malpractice, review those records thoroughly, and provide them to a medical expert who could analyze the treatment and determine whether there was medical malpractice. Taking the testimony of that expert, along with the statements of any family members who were involved or witnessed the medical treatment and could comment on how the person suffered. All of that evidence which was obtained through the investigation is then prosecuted in court or presented in settlement negotiations with cutting edge technology.
What Happens After Liability is Established?
Once liability has been established by demonstrating the wrongful act that caused a damage or injury, attorneys have to effectively prove the sustained losses, better known as damages. Damages are the economic loss suffered by the family due to the wrongful act and death of their loved one. Attorneys need to show the value of someone’s life had he or she not suffered a fatal injury and how much the victim contributed to his or her family.
Then attorneys try to calculate the intangible parts of that person’s life:
- The value of their life,
- The value of not being able to walk their child down the aisle, and
- Their inability to see another sunset.
All those losses have to be proven with the same dedication as proving liability in the case.
Who Decides If a Case Goes to Court or Mediation
The parties determine whether a survival action is negotiated or if a lawsuit should be filed. The parties may decide at any point whether they want to enter into settlement negotiations. That could be done pre-suit if both parties are agreeable to it or it could be done after a lawsuit is filed. If one or both of the parties do not want to resolve the case or are unable to resolve the case out of court, then it is dealt with in civil court.
Factors That Influence Negotiations or Trials
Some of the factors in settlement negotiations are how strong the liability is in the case. If liability is clear and everybody agrees on what happened, that what happened was wrongful, they would be more inclined to resolve the case outside of court. If facts are in dispute and the two sides do not agree with what happened, then that case is going to court.
If one or more of the parties are not willing to resolve it out of court, regardless of how strong liability is or how clear the facts are, and they want to have their day in court, that is probably not going to be resolved through an out-of-court settlement. Typically, these cases last between two and five years.
Factors that Influence the Length of a Survival Action Case
The length of time a lawsuit takes is based on several things:
- The complexity of the case,
- Where the lawsuit takes place,
- How long it takes the family after the death to secure an attorney,
- How complicated the investigation was, and
- How long the investigation takes.
Speak to a Team of Compassionate Attorneys for Legal Help
Choosing to pursue a lawsuit for the death of your loved one is not an easy choice. Understandably, the grief you experienced may feel overwhelming and renewed. Despite this, a successful result from the Atlanta survival action case process could help you recover the compensation you need for medical and funeral expenses that were forced upon you. While no amount of currency could bring a loved one back, compensation could help. Call today to speak directly to a lawyer and ask how one could help you. Attorneys are ready to take your calls after hours and offer you a free case review.
