Understanding Wrongful Death Claims: Legal Tips for Families and Loved Ones

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Written By Berry Mathew

In such cases, the family of the deceased can pursue a wrongful death claim against the responsible party with the help of an Atlanta wrongful death lawyer. Here, we’ll provide some legal tips for families and loved ones who are considering filing a wrongful death claim.

Who can file a claim?

Wrongful death claims are typically filed by the surviving spouse, children, or parents of the deceased. In some cases, a personal representative of the deceased’s estate may file the claim on behalf of the family members. The laws governing these claims vary by state, so it’s important to consult with an experienced lawyer to determine who has the right to file a claim in your specific situation.

What damages can be recovered?

The damages recoverable in a wrongful death claim vary depending on the specific circumstances of the case. Generally, damages may include compensation for:

  • Medical expenses incurred before the deceased’s death
  • Funeral and burial expenses
  • Loss of income and financial support the deceased would have provided to their family
  • Loss of companionship and emotional support
  • Pain and suffering of the deceased before their death

In some cases, punitive damages may also be awarded to punish the responsible party for their wrongful actions.

How to choose the right attorney?

Choosing the right lawyer is critical to the success of your claim. Here are a few factors to consider when selecting an attorney:

  • Experience: Look for an attorney who has extensive experience in handling wrongful death claims.
  • Reputation: Check the attorney’s reputation by reading reviews and ratings from former clients.
  • Communication: Ensure that the attorney communicates effectively and promptly with you throughout the legal process.
  • Fee structure: Ask the attorney about their fee structure and whether they work on a contingency basis, meaning they only receive a payment if you win your case.

What to expect during the process?

The process can be complex and emotionally challenging. Here’s what to expect during the process:

  • Investigation: The attorney will conduct a thorough investigation into the circumstances surrounding your loved one’s death, gather evidence, and identify potential witnesses.
  • Filing the claim: The attorney will file the wrongful death claim on your behalf, including all necessary paperwork and documentation.
  • Negotiation: The responsible party may offer a settlement to avoid going to court. Your attorney will negotiate on your behalf to ensure that any settlement offer is fair and just.
  • Litigation: If a settlement cannot be reached, the case will proceed to trial. Your attorney will represent you in court, presenting evidence and arguments to the judge and jury to obtain a favorable outcome.

Dealing with the Emotional Impact

Losing a loved one due to the negligence or wrongful act of another party is a traumatic experience that can leave a lasting emotional impact on the family members and loved ones. Pursuing a claim can add to the emotional burden, as it involves reliving the details of the death and going through a legal process that can be time-consuming and stressful. It’s important to work with an attorney who understands the emotional toll of a claim and can provide support and guidance throughout the process. Additionally, seeking counseling or therapy can help family members cope with the grief and trauma of their loss.


Losing a loved one is never easy, especially when their death was caused by the negligence or wrongful act of another party. Pursuing a claim can be a challenging and emotional experience, but it’s essential to hold the responsible party accountable and obtain compensation for your losses. If you’re considering filing a wrongful death claim, it’s critical to work with an experienced lawyer who can guide you through the legal process and help you achieve a successful outcome.

Categories Law