Vinings Wrongful Death Lawyer
The sudden and tragic loss of life due to a wrongful death will have difficult consequences for your family. In this very emotional time, you need a Vinings wrongful death lawyer who can guide your family through the legal process. A seasoned lawyer will seek to get compensation through civil lawsuits for the survivors and beneficiaries – the surviving spouse, siblings, parents or children – for their loss.
The first step for a Vinings wrongful death attorney would be to start an investigation as quickly as possible. The goal will be to find out the exact circumstances that caused the death, identify who the responsible parties are, and preserve any relevant evidence. These may be the last things you want to think about in the aftermath of such a tragedy, and that is where a lawyer can help you.
Important Details About Wrongful Death Claims
A family may bring wrongful death charges when an individual acts negligently or recklessly and these acts result in another person’s death. In a wrongful death case, negligence is the failure to use a reasonable amount of care when a duty exists to do so. When this failure results in injury or death, the at-fault party may be held liable.
There are many situations where this may occur. Some situations that may result in a fatality include accidents with cars, swimming pools, construction sites, slip and falls, or medical malpractice.
Compensation Available for Families
There are many kinds of damages one may be able to collect for the loss of her loved one. These include:
- Loss of income
- Loss of care and protection
- Loss of expected companionship or consortium
- Any expenses for the care and treatment of the deceased
In addition to any claims for injuries and lost wages, the two claims an individual can file are the estate claim and the wrongful death claim. The estate claim allows for the surviving spouse to recover for medical and funeral expenses and pain and suffering of the decedent before death.
The wrongful death or full value claim applies to the damages incurred because of the decedent’s death from the perspective of the decedent — that is, both economic damages for loss of income the family would have received and intangible noneconomic damages.
Noneconomic damages include not only loss of care or companionship, but also the decedent missing the activities of his or her daily life, losing earning potential, and being unable to raise his or her children, among other things. The jury decides this amount based on the specific details of the decedent’s life.
Statute of Limitations for a Wrongful Death Claim
A person must file a claim within the statutory time limit. In Vinings, that time limit, also called the statute of limitations, requires the surviving spouse to file a claim within two years of the death.
Failure to file within these limits means the family may lose the ability to recover any compensation. However, the time may be extended if the estate is not probated. Therefore, it is crucial to contact an experienced Vinings wrongful death attorney as soon as possible.
How a Vinings Wrongful Death Attorney Can Help
No amount of money can bring a loved one back, but it can help you move forward. If someone else caused your loved one’s death, you deserve justice and the best way to seek that justice may be through a wrongful death suit.
A team of compassionate attorneys can help you in this trying time — please contact a Vinings wrongful death lawyer for a free consultation. Each wrongful death case is unique, so it is important you speak with a lawyer about your specific circumstances.
