Losing someone that you love is a moment that no one and nothing can ever prepare you for. These moments are emotionally challenging, surreal, and confusing, and your ability to make sound decisions about your future can seem overwhelming, alien, or just impossible. When an accident results in a death, it is vital that you consult an experienced wrongful death lawyer near Sandy Springs. By securing expert assistance from an injury law firm serving Sandy Springs like those at The Weinstein Firm, you can devote yourself to grieving and putting your life back together while your lawyer deals with holding the parties at fault accountable and recovering compensation for your unimaginable loss.
Working with a Wrongful Death Lawyer – the Basics
The term “wrongful death” is used to describe a person who dies as a result of misconduct or negligence on someone else’s part. In order to build a strong claim of wrongful death, it is necessary for several pieces to be present. Most importantly, there must be evidence of negligence or willful intent to do harm to the accused person’s part. Additionally, there must be documented financial strain as a result of death. Commonly, wrongful death suits involve fatal accidents resulting from criminal behavior, exposure to occupational hazards, poor supervision, medical malpractice, or similar situations.
By working with experienced wrongful death lawyers near Sandy Springs, GA like the team at The Weinstein Firm, you can work toward recovering financial compensation for your unimaginable loss. Financial difficulty is the primary measure that determines the damages in a wrongful death case, so depending on the circumstances of your loved one’s death, you and your wrongful death attorney may be able to sue for loss of financial support, funeral costs, medical bills, and even interest payments beginning on the date of death. Often, a wrongful death lawyer will additionally help you seek damages for non-economic factors like pain, suffering, and punitive damages.
Preparing for Your Case with Your Wrongful Death Lawyer
Wrongful death is unexpected by its nature. It is gutting, sudden, and absolutely unthinkable. Whatever the circumstances of your loved one’s death, these cases almost always come with the territory of being totally unprepared for the death of a loved one. Here at The Weinstein Firm, we encourage you to let your wrongful death attorney take the lead so that you can keep a handle on grieving and putting your life back together. Make sure to follow the advice of your wrongful death lawyer, as this help will make the process of recovering compensation much more bearable. Your wrongful death attorney is here to handle the tedious, complicated, and overwhelming tasks for you, allowing you to simply focus on your life and on grieving – so follow their lead, and you will get through this.
When you prepare for a wrongful death case in Sandy Springs, Georgia, our wrongful death lawyers will guide you through the common phases of a wrongful death suit: research, negotiation, and, if necessary, a trial.
The first phase of a wrongful death case is the research and investigation phase. This will be done by your wrongful death attorney first and is usually the most important phase in building your case. To make this phase as easy as possible, try to keep an organized file of all the information you have related to your loved one’s death. This includes medical records, accident reports, medical bills, paperwork from insurance companies, and so forth. You can start gathering and organizing this information even before hiring a wrongful death lawyer near Sandy Springs if you prefer. Then, once you have a personal injury lawyer on your side, you will be able to seek out additional kinds of evidence.
The second phase is the negotiation phase in which you and your wrongful death lawyer will explore the possibility of a pre-trial settlement. No matter if your wrongful death case involves a medical situation, workplace accident, or another factor, your wrongful death attorney will advise you as to the best way to ensure financial recovery. It is possible, and preferable in many cases, for this to be the last phase of your wrongful death claim. Negotiating a settlement means that you will be able to recover compensation earlier, without the hassle, time, and cost of going to trial. You can work with your wrongful death lawyer to determine the settlement amount that you would take, giving your attorney leverage and a goal at the negotiating table.
Unfortunately, many wrongful death cases are not settled quickly and will have to proceed to phase three: trial. By working with your wrongful death attorney, you will be prepared for the trial process, but there is not much that can be done about the length of time this process takes. The process will be a true test of your patience, and your wrongful death lawyer will work hard to prepare the strongest possible case, keeping you informed and prepared.
In some cases, our wrongful death attorneys have the unfortunate duty of telling a grieving family member that they do not have a wrongful death case. A mistake, even a fatal one, is not negligence, even if it is on someone else’s part. Complications from surgery, in addition, does not imply negligence on the part of the surgeon or hospital. It is the job of your wrongful death lawyers to examine your case and consult experts to determine if yours is a case of wrongful death, which depends upon the negligence of a third party.
Laws Regarding Wrongful Death in Georgia
Wrongful death laws are fairly similar anywhere in the United States, but local provisions here in Georgia can influence the outcome of a case. For this reason, it is recommended that you work with an experienced wrongful death attorney. The legal professionals here at The Weinstein Firm are familiar with statutes and local provisions that may affect your case and can provide you with a relevant and workable strategy.
In legal terms, actions that are willfully harmful and actions that are negligent can both indicate the potential for a successful wrongful death claim. The negligent or malicious act should be similar to the kind of action which may justify a personal injury lawsuit if the victim were merely injured in the case. To put it more simply, the circumstances that justify a strong wrongful death case are essentially the same as the circumstances that would justify a strong personal injury claim.
As the surviving family member of a loved one who has been killed due to the actions of another party, the wrongful death lawyers here at the Weinstein firm may be able to help. If you are the surviving spouse or child, you can begin legal action immediately. On the other hand, if the deceased person was not married and had no children, then the parents may pursue a wrongful death claim.
The compensation and damages which are payable in a wrongful death claim are ultimately determined by the jury should the case go to trial, and this amount is calculated in proportion with the damages that can be shown by the surviving family members. The compensation amount will usually be paid out equally among all the surviving family members. Keep in mind that even a settlement that is approved in negotiations with your wrongful death attorney, before the case goes to trial, will still need to be approved by a court.
The damages which may be claimed in a wrongful death suit include medical bills, lost wages, funeral costs, loss of property, and non-economic factors including loss of companionship, loss of consortium, and pain and suffering. If the circumstances leading to the wrongful death were purposeful, malicious, or grossly negligent, you may be able to seek punitive damages as well.
Here in Georgia, wrongful death claims must begin within three years of the person’s death, and as wrongful death lawyers near Sandy Springs, GA, we remind you that the sooner you begin this process, the better.
Working With a Wrongful Death Lawyer in Sandy Springs, GA
It goes without saying that in a wrongful death claim, you have a great deal riding on its success or its failure. In many cases, the unexpected death of a family member can be financially devastating. A successful claim of wrongful death will not heal your emotional pain, will not speed along the grieving process, and will not lessen your mental strain. However – it can make it easier for you and your family to continue living, and begin the process of reconstructing your lives.
Wrongful death claims are complex and typically take a long time to resolve. If you are in the process of seeking wrongful death compensation, you must not try to do this on your own. It is imperative that you work with a wrongful death lawyer near Sandy Springs, GA. Together with an experienced and knowledgeable wrongful death attorney, you will be guided through the very trying and stressful process of the wrongful death case. Here at The Weinstein Firm, we understand what you are going through, and we wish to help you with compassionate and experienced representation.
The Weinstein Firm, serving Sandy Springs, GA, was founded by Harris and Michael Weinstein. The firm was founded on the principle of giving our clients, the injured and the grieving, a level playing field. In many injuries and wrongful death cases, the opposition can be a large corporation with a monolithic insurance company and high-powered legal teams. We believe that everyone has the right to legal representation equal in magnitude to the legal teams for these sorts of companies. No matter what the circumstances of your wrongful death case the lawyers, and attorneys at The Weinstein Firm will adopt an aggressive, dedicated, and uncompromising position placing you and your family at the center of all of our efforts.
The grief and pain felt after you lose a loved one is indescribable and intense – and to add to that the worry and strain that comes with preparing a lawsuit is a recipe for emotional disaster. That is why our wrongful death lawyers are here. We will take on the legal burdens, the paperwork, and the negotiations so that you can focus on grieving, celebrating your loved one’s life, finding closure, and holding on to the happy memories as you start the process of moving forward in your life. Here at The Weinstein Firm, we treat each of our clients with respect and compassion, taking the time to listen to you and provide support while we seek justice for you and your family.
Contact a Wrongful Death Attorney Near Sandy Springs at The Weinstein Firm
When you choose a candidate for a wrongful death lawyer near Sandy Springs, GA, it is important that you choose legal representation with experience in cases that are similar to yours. If, for instance, medical malpractice, workplace accidents, or similar specifics are a part of your case, see if you can speak to a wrongful death attorney who has argued these kinds of cases in the past. Here at The Weinstein Firm, we are confident that we have a wrongful death attorney for every need, providing experienced and streamlined legal counsel.
Finally, both you and your wrongful death lawyer need to be ready to go the distance in your wrongful death suit. Cases involving wrongful deaths, can and do settle out of court, but should a satisfactory agreement not be reached, the case will proceed to trial. This is a long and complex legal battle requiring the steadfast diligence of your wrongful death attorney. It will try your patience and frustrate you, but your lawyer will be there to help you every step of the way.
For the wrongful death lawyers serving Sandy Springs, Georgia, here at The Weinstein Firm, you and clients like you are far more to us than just another case number. You are a human being who is facing, through no fault of your own, a loss that is unimaginable due to someone else’s negligence. This is a fate that no one should have to suffer, but when they do, the wrongful death attorneys at The Weinstein Firm are ready to listen and eager to help. If you have lost a loved one and think you may have a wrongful death claim, call The Weinstein Firm serving Sandy Springs today.