Did you recently lose your loved one who passed away due to an accident? Are you thinking of taking legal action? If answered yes, there are a few vital things that you should know about a wrongful death case, which include who can qualify for filing a claim and the situations that qualify.

Wrongful death claims usually arise when your loved one expired due to the actions of some other party or another person. In case your loved one was responsible for his own death, you can’t file a claim. There are several instances when you may need the help of a wrongful death lawyer in Atlanta. Keep reading to know more.

• All deaths are not ‘wrongful’

As per law, a wrongful death occurs when a person dies due to the wrongful act, negligence, or omission of another person. The death should occur in such a way that if the victim survived, he would have the right to file a personal injury claim against the at-fault party. A few of the common reasons behind filing a wrongful death claim are:

• Truck accidents
• Car accidents
• Pedestrian accidents
• Motorcycle accidents
• Defective products
• Medical malpractice

• It is only possible to recoup punitive damages

While in some states, the surviving family members of the deceased are allowed to recover lost inheritance, lost income, and other damages that are caused due to the death. On the other hand, in states like Alabama, a wrongful death statute only permits the recovery of punitive damages, which are meant to punish the wrongdoer.

• A personal representative can file the wrongful death claim

Only the personal representative of the estate has the right to file a wrongful death claim. However, there is an exception where in case the victim was a minor, below 19 years of age, the parents will have 6 months to file a wrongful death claim. Post this period, the personal representative should file the claim.

• You will need the help of a wrongful death attorney

Wrongful death claims are usually complex. The surviving family member will find it impossible to concentrate on his future due to the loss of his loved one. You might be subject to various complexities that will need the assistance of a legal professional.

So, if you’ve recently lost a loved one due to the fault of some other party, you should file a wrongful death claim with the help of an experienced attorney.