Wrongful death and personal injury cases can be challenging to navigate, especially if you are not fully aware of your legal rights. The legal resolve to these issues is quite complicated. Hence, why it’s so essential to understand the legal options available.
With these types of cases lasting anywhere from 16 to 24 months, it’s no surprise that people give up on them early on. Without legal representation, these types of cases are never settled appropriately.
If you have been injured or lost a loved one due to someone else’s negligence, this post will answer some common questions about wrongful death and personal injury law.
This is for your own benefit to make an informed decision on how best to proceed with your case. So whenever you’re ready to get involved legally, keep reading.
What Is Wrongful Death?
Wrongful death is the death of a person that occurs because of another individual’s negligence, intentional wrongdoing, or reckless behavior.
- Defective products causing injury
- Car accidents caused by negligent drivers
- Medical malpractice resulting in wrongful deaths
In some cases, it is possible to bring a lawsuit on behalf of the deceased person for their pain and suffering when they were alive.
However, these types of claims are generally not pursued. They are followed if there have been many years between when you suffered your injuries and died.
Wrongful death suits are also an avenue for compensation. This is if someone else was injured during the incident but continued living. It’s also typically referred to as “survivorship actions.”
Wrongful Death Cases Require Relatives’ Consent
The relatives of the deceased person typically pursue wrongful death and survivorship actions. However, any individual who has suffered damages due to someone else’s negligence can pursue legal action.
The relative does not have to be related by blood or marriage; they just need to demonstrate that they were close enough with the deceased person so that their relationship was akin to family ties.
If you find yourself in this position, you need to understand your rights when pursuing wrongful death claims on behalf of another party.
Benefits Available From Wrongful Death Lawsuits
If an estate survives after these types of lawsuits, restitution may be available through:
- Punitive damages (payments made from those convicted)
- Lost wages to family members (mainly spouses)
- Lost financial support
It is important to note that there are limits on what damages can be received.
For example, a spouse cannot receive both lost wages and compensation for the death of their partner. They must choose which form of restitution is more desirable.
What About Personal Injury Cases?
Personal injury cases cover any injuries sustained by an individual due to someone else’s negligent behavior or intentional wrongdoing. The most common types include:
- car accidents caused by drunk drivers/texting pedestrians
- medical malpractice in hospitals
- workplace negligence from employers or co-workers
- defective products causing property damage
- personal injury
Personal injury, in general, is a complicated field of law. It covers a broad range of cases. Fortunately enough, it is pretty easy to settle due to the nature of laws concerning personal injury.
Nonetheless, it’s only achievable with a qualified legal attorney who knows what they are doing.
Examples That Could Lead To A Lawsuit And Compensation
If you have suffered some form of personal injury and want to know your legal options, you may be eligible for compensation. The following examples could lead to a lawsuit and successful claim:
- Workplace negligence
- Wrongful termination from work
- Construction site accidents (e.g., scaffolding collapses)
- Product liability cases caused by defective goods
If someone else was injured because they were hit by a drunk driver or as the result of some other negligent behavior, you can pursue damages through their insurance company to receive financial compensation.
However, it is essential to remember that even if an individual has criminal charges related to driving while intoxicated or texting/driving, this does not mean that they will be found legally liable for your injuries.
How to Pursue Legal Assistance In Regards to Wrongful Death?
There are several legal options for wrongful death. For instance, if you are looking to pursue a wrongful death lawsuit, the relative pursuing legal action must have close ties with the deceased person.
If the claimant and victim were not related by blood or marriage but had an established relationship like family members, this could be grounds for filing wrongful death claims on behalf of another party.
Other legal options for wrongful death are
- punitive damages
- lost wages for the deceased person’s family members
- financial support
Punitive damages are payments made from those who have been convicted in criminal court.
Lost wages can be paid out to a spouse or other close relative of the victim during this type of lawsuit.
There’s also financial support if there is an estate that survives after these types of legal proceedings.
One should note that not all wrongful death lawsuits may result in compensation depending on the circumstances. The type of injuries sustained by any given individual involved is considered too.
For example, even though someone has been found guilty for their role in driving while intoxicated (or texting/driving), which led to another’s injury, they can still escape being held legally liable since it doesn’t fall under the definition of personal injury.
How to Pursue Legal Assistance In Regards to Personal Injury?
Regarding personal injury cases, if someone else was injured because they were hit by a drunk driver or as the result of some other negligent behavior, they can also pursue damages through their insurance company to receive financial compensation.
However, it’s important to remember that even if an individual has been convicted of criminal charges related to driving while intoxicated or texting/driving, it does not mean they will be found legally liable for your injuries.
If you have suffered some form of personal injury and want to know your legal options, you may be eligible for compensation.
Personal injury lawsuits cover any injuries sustained by an individual as the result of:
- someone else’s negligent behavior
- intentional wrongdoing
For example, car accidents are caused by drunk drivers/texting pedestrians. Here’s another: medical malpractice in hospitals.
Furthermore, workplace negligence from employers or co-workers is covered. Defective products causing property damage and personal injury also apply.
How to Find An Attorney for These Cases?
To find an attorney to take on a wrongful death or personal injury case, you must ascertain if they are qualified to do so. You can ask them questions about their qualifications. You can also search for an attorney in your area specializing in these types of cases.
To find personal injury attorneys and wrongful death lawyers near you, consider doing a web search. You can use phrases like “personal injury lawyer” or “wrongful death lawyer.” This will provide leads on law offices near you that might be able to take up your case.
To see whether someone has been found guilty of driving while drunk (or texting/driving), visit the court records website. You can do so at countycourtrecordsusa.com. You can also FOIA records in some instances.
Here it is possible to look up individual criminal records by name and other information—for example, felony charges, misdemeanors, traffic violations, and more.
When looking for an attorney specializing in these fields, they must be qualified to do so by the state.
Each state has its own qualification standards for attorneys. For instance, in Georgia, an attorney must be at least 18 years of age. They must have been admitted to the Georgia Bar before they may conduct legal proceedings.
Whereas, in the state of California, the attorney must have practiced law for at least three years. They also need to have a license to practice in the state.
What to Look for in An Attorney
When hiring an attorney to take on your case, you must first qualify them for the role. As much as you have a choice, you want to make the right one.
Here are some of the qualities your lawyer should possess:
You want someone who has been practicing law for years. The lawyer must also know how to handle these types of cases.
Without experience, the lawyer will most like flunk your case. This is not something you want to happen when your livelihood is at stake.
Having an attorney that knows current legislation related to these cases is vital in winning your case! They should also be up on any recent changes or updates made, which can often happen with this type of litigation.
Reviews & References
Ask around your friends or family members if they know any personal injury attorneys in the area that have taken on a case like yours before.
This is also an excellent way to find out about their reputation and reviews from former clients.
It can be difficult enough going through something as traumatic as enduring an accident, so make sure whoever represents you is somebody you can work well with!
They should always fight hard on your behalf but do so respectfully by not being overbearing or insensitive. Your attorney should take time to listen to you and understand your needs.
They should also be up on any recent changes or updates made, which can often happen with this type of litigation. There are many personal injury attorneys out there, but it doesn’t hurt to take a little time before deciding who will represent you best.
There are many personal injury attorneys out there, but it doesn’t hurt to take a little time before deciding who will represent you best.
It may feel like a daunting task at first, but once everything has been taken care of for you, all that remains is settling into recovery, knowing somebody else is taking care of what matters most: your legal rights as well as your dignity.
What Is the Legal Process for These Types of Cases
When it comes to resolving these cases legally, the process can be pretty complicated. For instance, in a personal injury case, the plaintiff must prove the defendant was negligent or knew about a defect and did nothing to warn consumers.
Wrongful death cases are also complicated because there is often more than one party responsible for the negligence, making it difficult to determine who should take responsibility.
Moreover, these types of lawsuits require extensive documentation – from police reports detailing what happened at the scene of your accident (e.g., how many other witnesses were present) to medical records showing that you sustained an injury as a result of someone else’s actions.
It is essential to consult with an attorney early on so they can help you navigate this process. And ensure you have all necessary information during any relevant time frame, such as within two years following personal injury or wrongful death events.
Legal Assistance for You
You have all of the information you need until this point to make a good decision on hiring an attorney to represent you or your loved one’s case. The legal process can be pretty complicated, so it is vital that you consult with an attorney early on and at any point where they may be able to help.
The lawyer should also take time to listen to you, understand your needs, and keep track of recent changes made within legislation related to these cases. Wrongful death and personal injury are pretty tricky, so you better tackle them early on.
If you’re interested in legal representation for these cases in the state of Georgia, get in touch with us, and we will happily accommodate your needs.