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Decatur Wrongful Death Lawyer

Decatur Wrongful Death Lawyer

Decatur Wrongful Death Lawyer

Best Decatur Wrongful Death Lawyer

Whenever one party’s negligence or illegal misconduct causes harm to another party, it can form the basis of a personal injury claim. The victim will have grounds to seek compensation for the harm done to them. However, not all victims of personal injuries survive. If you have lost a loved one due to another party’s actions, it can form the foundation of a wrongful death suit. At Merritt & Merritt Law Firm you can hire a Decatur wrongful death lawyer is a team of Decatur wrongful death attorneys who can help with your case.

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Compassionate Representation for Wrongful Death Claims in Decatur, GA

The attorneys at Merritt & Merritt have in personal injury law and have recovered more than $50 million in damages for past clients. We have helped many families pursue accountability and compensation for their losses after experiencing wrongful deaths due to the actions of others. If you have lost a loved one due to another party’s actions, we will do everything we can to help you hold them accountable.

We know how damaging any personal injury can be for the victim and their family, especially one that results in fatal harm. A wrongful death claim effectively replaces the personal injury suit a victim could have filed if they had survived their experience. This type of claim focuses on the losses sustained by the estate of the deceased and the surviving beneficiaries of the deceased.

When you believe another party is responsible for the death of a family member, you need legal counsel you can trust to help you hold them accountable. Decatur wrongful death attorneys provide comprehensive support throughout all stages of a wrongful death suit, from gathering the evidence needed to prove liability to uncovering the full extent of the damages the family can claim from a defendant.

You have a limited time in which to file your wrongful death suit in Decatur, so it is vital that you connect with an experienced Decatur wrongful death attorney as soon as possible to ensure the greatest chance of success with your case.

Our firm can work closely with you to help prove liability, navigate the civil court proceedings necessary to file your case, and recover as much compensation as state law allows. We know the emotional weight that a wrongful death suit carries and will do everything we can to help your family mourn with peace of mind.

Filing Your Wrongful Death Suit in Decatur

A wrongful death claim is functionally similar to a personal injury case in many ways. However, there are specific rules that apply to wrongful death claims that you must understand before embarking on this type of case. If you attempt to file this type of civil suit on your own, it is possible to make critical procedural errors that jeopardize your family’s claim or may even lead to the claim being thrown out of court on a technicality.

One of the most important of these rules pertains to eligibility to file a wrongful death suit. Typically, the first party with the right to file a wrongful death suit is the surviving spouse of the deceased, followed by their children or their parents.

If the deceased had an estate plan in place at the time of their death, the personal representative named in their estate plan will have the primary right to file the claim. This personal representative acts as the plaintiff in the wrongful death suit and seeks compensation for the beneficiaries of the deceased. Similar to a personal injury claim, a two-year statute of limitations applies to wrongful death claims in Georgia.

This may sound like plenty of time in which to file your case, but the reality is that it may take much longer than you initially expected to gather all of the foundational elements of your wrongful death claim and file it correctly with the court. It is crucial that you connect with an experienced Decatur wrongful death lawyer as soon as possible to have the greatest chance of success with your claim.

Proving fault for the death is the first legal challenge the plaintiff will encounter. They must identify the party who caused the death and prove exactly how they caused it. Most wrongful deaths reported in Decatur happen because of negligence. However, it is also possible for a wrongful death to result from intentional misconduct. A few of the most common causes of wrongful deaths in the Decatur area include:

  • Motor vehicle accidents. These accidents happen in various ways every day for a variety of reasons, sometimes with fatal outcomes. If your loved one died in a vehicle accident caused by another driver, you can file an auto insurance claim for some initial compensation, but a wrongful death suit will be necessary to maximize your family’s total recovery.
  • Intentional acts of violence. Unfortunately, violent crime claims many lives throughout Georgia each year. If your loved one died as the victim of a crime, the at-fault party faces severe consequences in criminal court along with liability for wrongful death. We can help you understand how the criminal case against the defendant could influence your wrongful death claim.
  • Medical malpractice. Medical negligence is one of the leading causes of accidental deaths throughout the United States each year. If your loved one died due to the negligence of a medical professional, you have the right to file a wrongful death suit under Georgia’s medical malpractice laws. This type of claim is more complex than a standard wrongful death claim and requires the attention of an experienced attorney.
  • Premises liability. If your loved one died on someone else’s property due to a safety issue the property owner failed to address, this type of wrongful death claim unfolds according to Georgia’s premises liability laws.

These are just a few of the most common types of wrongful death suits filed in the Decatur area each year. No matter how your loss occurred, the right attorney can help you gather the evidence you need to firmly establish liability for the death in question. Once the fault has been proven, you can then proceed with claiming compensation for your family’s losses.

Claiming Compensation in a Wrongful Death Suit

Once a plaintiff has proven fault for a wrongful death and identified the party or parties responsible for causing the death, the next phase of the case will focus on recovering compensation from the defendant.

While a personal injury case seeks compensation for a victim’s losses, a wrongful death claim focuses on compensating the victim’s family for the economic and non-economic damages resulting from the death. While some of these damages may be immediately apparent, others are more difficult to discern. Your Decatur wrongful death lawyer can be invaluable for the help they can provide in accurately determining the full potential value of your claim.

Decatur wrongful death attorneys can help their clients recover compensation for:

  • Damages incurred by the estate of the deceased. An estate claim focuses on the damages the victim incurred from the time of the fatal incident to the time of their death. These damages could include their final medical expenses as well as the pain and suffering they experienced before their death.
  • Funeral and burial expenses. The defendant is liable for the cost of the victim’s funeral and burial rites in accordance with the victim’s spiritual practices, within reason.
  • Loss of financial support. If the victim was a breadwinner for their family, the wrongful death claim can help the family recover compensation for the lost future income the deceased could have provided to the family if they had survived.
  • Compensation for lost household and childcare services provided by the deceased. Your Decatur wrongful death attorney can assist you in calculating the full financial impact of the death of your loved one and add projected losses to your claim as economic damages.
  • The family’s pain and suffering. A surviving spouse can claim compensation for loss of consortium, and surviving children can seek compensation for lost parental guidance and affection.

The average person is likely to struggle when it comes to accurate calculation of their claimable damages in any type of wrongful death suit. With the right attorney on your side, you can approach these difficult proceedings with confidence and peace of mind.

Merritt & Merritt approaches every personal injury and wrongful death suit we accept with the goal of helping our client recover the maximum amount of compensation possible for their damages.

Resolving Your Wrongful Death Suit in Decatur

The majority of civil claims filed in the Decatur court system end in private settlement negotiations, but this isn’t always possible for every case. You may need to prepare for litigation against the defendant who caused your loved one’s death, and it is possible for the defendant to face criminal court proceedings if they caused the death through some illegal misconduct. If they broke the law in causing the death, your family may receive punitive damages and/or restitution.

When you choose Merritt & Merritt Law Firm to handle your wrongful death suit in Decatur, you will have readily available access to an experienced team of Decatur wrongful death attorneys ready to provide the guidance and support you need to approach your case with confidence.

Wrongful Death Attorney FAQs

Q: What Is the Total Value of My Wrongful Death Claim?

A: The total potential value of a wrongful death claim will depend on multiple variables. Your Decatur wrongful death lawyer can assist you with accurately calculating all of the immediate and long-term damages you can seek from the at-fault party, and they can also assist you with determining appropriate compensation for pain and suffering. You’re more likely to maximize your case award with an experienced attorney’s help.

Q: Will the Defendant Go to Jail for Causing a Wrongful Death?

A: It is possible for a defendant to go to jail for causing a wrongful death if they caused the death by breaking the law. In this situation, they not only face increased liability for damages in the form of punitive damages or restitution but also more serious criminal sentencing because their actions resulted in fatal harm. Your attorney can advise you as to how a criminal case against the defendant could influence your civil claim for damages.

Q: How Do You Win a Wrongful Death Claim in Decatur?

A: You can win your wrongful death claim in Decatur by proving that the defendant in question directly caused your claimed damages. You must leverage all available evidence and witness testimony to prove that the defendant directly caused your loved one’s death. The exact types of evidence you may need will vary based on the type of accident that caused the fatal injury in question. A Decatur wrongful death lawyer can help you gather all necessary evidence.

Q: Why Do I Need to Hire a Decatur Wrongful Death Lawyer?

A: You need to hire a Decatur wrongful death lawyer to have the greatest chance of success with your claim. Even if you think that fault is readily apparent, you could encounter various legal challenges that you will not know how to overcome on your own. Working with an experienced Decatur wrongful death lawyer not only makes the process much easier, but also more likely to yield positive results for you and your family.

Q: What Does It Cost to Hire a Decatur Wrongful Death Lawyer?

A: The cost to hire a Decatur wrongful death lawyer will only be a percentage of your total case award if you choose the Merritt & Merritt Law Firm to represent you. We take these cases on a contingency fee basis, meaning we will only collect a fee from you after we have won your case, and our fee will be a percentage of whatever compensation we win on your behalf. There are no upfront fees, and you pay nothing if we are unable to secure compensation for your damages.

An experienced Decatur wrongful death lawyer can be an invaluable asset to have on your side, no matter what your case may entail. The Merritt & Merritt Law Firm has the skills, professional resources, and experience necessary to provide effective legal counsel in the most challenging cases. You have a limited time in which to file your case, so contact us today and schedule your free consultation with our team to learn more about the legal services we offer.

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