Whether it was a vehicle accident or a personal attack, losing a loved one is devastating to all aspects of life. Thankfully, many families are able to fight on behalf of their loved one by filing a lawsuit. If you're preparing to seek the guidance of a wrongful death attorney, here's what you need to know about the process.

A Guide to Wrongful Death Lawsuits

What Situations Qualify for a Claim?

Wrongful death claims require the proof of negligence resulting in another person's death. A case can also be filed if the person responsible intended to hurt the other party involved. In the latter case, the lawsuit usually occurs following a criminal trial.  

Since the primary party is unable to file a claim for themselves, the courts allow secondary parties to pursue damages. Typically, the individual is next of kin or relied on the deceased's income for survival. In Georgia, there are four different categories of people allowed to complete this process: a spouse, child, parent, or estate representative. The claim must also be filed within two years of the incident occurring.

What Damages Can Be Requested?

Every situation is different, and legal claims reflect that quality. In most cases, the wrongful death attorney pursues financial compensation for medical and funeral costs, pain and suffering, and the survivor's loss of income. The exact amounts requested are situation-specific and based on the unique circumstances of the case.

What's Involved in the Process?

After preparing the claim, the wrongful death attorney will attempt to settle the case out of court. However, if an agreement can't be met with the defendant, your lawyer will file an official complaint with the courts. From here, you wait for a response from the other party. In most cases, there's another opportunity to settle after both sides make pre-trial motions. In cases where no deal is made, the case moves on to trial.

If you've lost a loved one to someone else's negligence, turn to the legal team at Smith & Tabor Attorneys At Law in Toccoa, GA. The negligence attorneys work with personal injury cases across Franklin, Hall, Habersham, Rabun, and Stephens counties to fight for fair compensation. Visit the firm online to learn more about their experience or request a personal consultation with a wrongful death attorney today at (706) 886-5141.