Losing a loved one can be one of life’s most devastating experiences, but when that loss is the result of wrongful or negligent conduct, the tragedy has a much more dramatic impact. When someone you love dies because of another person’s negligence or malicious intent, this can have a life-long effect. During this incredibly difficult time, it can be extremely beneficial to call a wrongful death attorney in Kennesaw, Georgia so that your family can get the justice you deserve for the loss of your loved one.
How Wrongful Death Lawyers Protect Your Rights
The impact of a loved one’s loss could be particularly challenging if they were the sole earner or principal caregiver. If this is the case, you’ll need to hire a wrongful death attorney to ensure that surviving family members are well-compensated and do not suffer financial difficulties in the future.
When a parent is killed due to the negligence of another party, it can have significant ramifications for their children. The damages go way beyond financial concerns. It is important to consult a wrongful death lawyer so that they can advise you as to how you should proceed and what possible options you have to ensure a smooth transition for the children involved.
It’s easy to think the financial future is bleak if you’ve lost someone in an unexpected accident, but a wrongful death attorney will protect the interests of everyone connected to the deceased. This can be a significant relief if you are dealing with overwhelming feelings of grief and loss. Reaching out to a wrongful death lawyer in the event of a loved one’s accidental passing gives you vital support at a difficult time.
Another way wrongful death lawyers can protect you is by taking care of any negotiations with insurance companies. It is likely that whoever is found responsible for the wrongful death will want to minimize the amount they have to pay. When you’re in a vulnerable position and coping with grief, you may feel tempted to close the case as soon as possible by accepting the first offer that they make. That could be a mistake, and that is why it is important that you let your wrongful death lawyer deal with all the negotiations.
The Insurance Company is Not Your Friend
Insurance firms and their employees can be exceptionally difficult when they are investigating claims for wrongful death. As wrongful death lawyers will confirm, recovery claims for these cases are often contested and disputed by insurance firms. That is why you need a wrongful death attorney who has the necessary skills and experience to deal with insurance representatives.
The fact that many wrongful death cases are contested means that they can become long and drawn-out processes. This can add to any stress your family is already experiencing after the loss of a loved one. Wrongful death lawyers are principally concerned with ensuring you get the compensation you deserve. Because of the complexities of wrongful death cases, it is recommended that you do not represent yourself in court. You need a wrongful death lawyer so that they can help you deal with the emotional turmoil of losing a loved one without having to deal with questions regarding your claim. A wrongful death lawyer is also important as they can prevent you from being manipulated by the insurance company.
Even when liability is very clear, there is still a great deal of negotiating involved before a final settlement is approved. If you appoint a wrongful death attorney, they will be aware of disclosure laws relating to insurers in wrongful death disputes, and if there’s information that can assist your case, they will demand access to it.
A Wrongful Death Lawyer Knows What Factors Should Be Examined
Every wrongful death case is unique, and each has its own set of issues that need to be determined by a wrongful death lawyer. These could include a determination of:
- The number of responsible parties liable
- The availability of insurance coverage or assets to pay survivors
- The amount required to compensate for the magnitude of your loss
For this reason, a wrongful death lawyer takes time to thoroughly evaluate each case so that they can accurately establish liability and how much compensation to recover. It is important for your personal injury lawyer to understand the family dynamic and the emotional and financial impact of the death of a loved one on your family. It’s natural for families to create dependent bonds with their loved ones, even if they are grown adults, which is why death in the family can be so devastating.
Insurance companies do not understand these things. Even if they do, their main concern is to minimize their payouts. That is why their goal will always be to minimize the damages that you have incurred as well as to downplay the possible impact the wrongful death will have on your future. You need a wrongful death lawyer to defend your rights and to fight for justice on your behalf.
Wrongful Death Claims Do Not Always Settle
As any Kennesaw, GA wrongful death lawyer will tell you; insurance companies rarely play fair when it comes to fatal accidents caused by negligence or misconduct. They will make it difficult for you to get your claim approved and they will create issues every step of the way. If you decide to pursue your claim alone, you might end up with a much lower settlement as compared to what a wrongful death lawyer may be able to recover for you and your family.
It’s impossible to predict the future, and the wrongful death of a loved one is not something that you can predict. If an unforeseen catastrophe occurs, families can not only be left distraught but suddenly penniless. Because wrongful death is an unpredictable event, some people are unaware of their legal rights if they lose a loved one in this way. A wrongful death lawyer can provide clarity during this difficult time.
How Can I File a Wrongful Death Lawsuit in Kennesaw, GA?
Once you decide to file a wrongful death lawsuit in Kennesaw, GA, the first thing you need to do is to speak to a wrongful death lawyer. They will advise you of the processes involved. Generally speaking, there are four stages involved in wrongful death lawsuits:
Pre-Litigation
Pre-litigation is the time when you decide to file a lawsuit, and your wrongful death lawyer initiates the investigation to determine the amount that you could possibly claim. Depending on what information is contained in police accident reports or any other investigation relating to the accident, a wrongful death lawyer may want to gather additional evidence to make your case stronger Collecting all this can take a few months, but it is essential. The more evidence your wrongful death lawyer can gather to support your claim, the easier it will be for you to get a positive outcome.
Aside from accident reports, other evidence that may be required includes physical evidence of liability in the case of fatal accidents involving vehicles and drunk drivers or expert opinions on the circumstances preceding the fatal incident. If the death was a result of medical negligence, wrongful death attorneys will conduct a thorough investigation regarding the history of that medical facility and if there had been previous malpractice cases filed against them. All this preparation will be good for your case. When a wrongful death lawyer is hired, there is a greater likelihood that the wrongful death claim will be settled out of court, meaning you could get your money faster. As it is, this is a difficult time for you and your family, and the last thing you need is a long court battle.
Negotiations for a Potential Pre-Lawsuit Settlement
After your wrongful death lawyer has completed a thorough examination and evaluation of the case, they will then notify the wrongful party of your intent to take legal action. You don’t want to approach them yourself. It will just make things complicated and more emotional for you. Your wrongful death lawyer should communicate this fact, and this will also inform them that you have legal representation. They are more likely to take your accusations seriously. A wrongful death lawyer has to make it clear in all their communications with defendants that they have every intention of going to trial if it becomes necessary.
A wrongful death lawyer has a good chance of achieving the settlement you need before a lawsuit is even filed, which can be a big relief when you’re mourning the loss of a loved one. It is also crucial that you do not undervalue your claim and so you need skilled negotiators like wrongful death attorneys to take control of all negotiations on your behalf.
The Lawsuit Begins When Negotiations End
Sometimes negotiations in wrongful death claims can take considerable time while in other cases, they can be done fairly quickly. Each case is different, which is why a wrongful death lawyer is particularly beneficial as they will have the necessary experience to deal with such cases. If it is not possible to settle without a lawsuit, the case will be escalated to the formal litigation stage.
There are a number of steps involved in this process:
- A Summons and Complaint are served on all defendants.
- Each side discloses the evidence they have to the other.
- Written questions known as interrogatories are prepared by the plaintiff and defendant, which must be answered under oath. Your wrongful death lawyer can also object to interrogatories in writing if necessary.
- Requests will be made for the production of documents relating to the case, including records of the accidents and any hospitalization that followed.
- Depositions are taken for which the defendant, plaintiff, and witnesses are examined orally and under oath, with a transcribed copy kept of questions asked and answers given.
- Pre-trial motions will take place, and the judge will decide as to what can proceed to the jury and what should be dismissed before the trial takes place.
- Just before the trial, the judge will call attorneys together at a pre-trial conference, which is generally the final chance to settle before the trial begins.
Proceeding to Trial
The last and final phase of a wrongful death lawsuit is generally the trial unless a settlement is reached before that time. It is still possible to achieve a settlement when a trial is taking place. This often happens if the evidence presented in the court clearly establishes that the defendant is at fault. Wrongful death attorneys are familiar with all the processes involved in wrongful death litigation, and they will be able to guide you through it so that you understand every step of the process.
Get in Touch with a Wrongful Death Attorney at The Weinstein Firm in Kennesaw, Georgia
Although you can never plan for the possibility of losing a loved one in an unexpected accident, these things can happen. From fatal car accidents to medical malpractice cases, there are a number of wrongful death claims that are filed every day in the state of Georgia.
When the unthinkable happens to your family, wrongful death attorneys will be able to significantly alleviate your pain and suffering by taking control of your case. When you are mourning someone you loved and depended upon, it is almost impossible to focus your mind on practical matters. A wrongful death lawyer can help you deal with the legal issues while you can focus on your emotional recovery.
Knowing that you and your family are being championed by a wrongful death attorney in Kennesaw, Georgia, can give you comfort at a difficult time. Instead of focusing on negotiating with the negligent party’s insurance company, you can spend time with your family and take steps to move forward from this tragedy in your life. No amount of money can replace your lost loved one, but it can help you and your family recover the costs of any remaining medical bills, funeral expenses, and lost income. To find out what your case may be worth and how a lawyer can help you, call a wrongful death attorney at The Weinstein Firm today to schedule a consultation.
