What Happens When Someone Dies in a Personal Injury Accident?

Feb 9, 2023

Navigating the Legal Process After a Fatal Accident


When someone dies in a personal injury accident, the family of the deceased may be able to file a wrongful death lawsuit against the responsible party. This type of lawsuit seeks to recover damages for the family’s losses, such as medical expenses, funeral costs, lost wages, and pain and suffering.

Punitive damages may also be pursued depending on the accident’s circumstances. This type of damages is awarded by a civil court to punish a defendant for particularly appalling and irresponsible conduct and to deter similar behavior in the future.

If you’ve recently lost a family member in a personal injury accident, consider reaching out to the Dressie Law Firm for help. Our persuasive and aggressive wrongful death lawyers can work with you to execute a legal strategy and help you pursue the compensation you and your family are owed.


What Are Personal Injury Accidents?


Personal injury accidents are accidents resulting from another person’s actions or inaction. Depending on the severity of the accident, victims may suffer mild to severe injuries as well as long-term or permanent disabilities or death. Since personal injuries usually result in extensive medical treatment and time off work, they can lead to physical, emotional, and financial hardships.

The most common types of personal injury accidents include:

  • Car accidents
  • Slip and fall accidents
  • Medical malpractice
  • Workplace injuries
  • Wrongful death

In each case, the victim may be entitled to financial compensation for their losses. In cases of wrongful death, the decedent’s immediate family can seek compensation on their loved one’s behalf. This includes medical bills, lost wages, funeral costs, pain and suffering, loss of income, and other damages.


Understanding Wrongful Death Claims


A wrongful death claim is a legal action that is brought against a person or entity whose actions caused the death of another person. This type of claim can be brought by the surviving family members of the deceased, such as a spouse, child, or parent. The purpose of a wrongful death claim is to seek compensation for the losses suffered by the family due to the unexpected and preventable death of their loved one.

What Damages Can You Pursue in a Wrongful Death Claim?

Some of the most common losses you can pursue in a wrongful death claim include:

  • Expenses related to the victim’s medical and life-saving treatment and untimely passing, including medical bills and funeral expenses
  • Compensation for the emotional anguish a loved one’s wrongful passing has caused
  • Compensation for the loss of companionship, love, and support due to the victim’s untimely departure
  • Compensation for lost income and benefits the decedent provided and would continue providing for their family

Proving Liability in a Wrongful Death Case

To prove a wrongful death claim, you must show that the defendant’s actions were the direct cause of your loved one’s death. You must also demonstrate that you have suffered damages due to the decedent’s death.

The first step in proving a wrongful death claim is showing the defendant had a duty to act in a certain way and failed to do so, resulting in your loved one’s death. You must also demonstrate that the defendant’s actions directly caused death, most often negligence or carelessness. This can be done through expert testimony from medical professionals or other experts who can explain how and why the victim died as a result of the defendant’s actions.

The final step is to prove damages. This requires demonstrating how much money was lost due to the decedent’s death, such as medical bills, funeral expenses, lost wages, and pain and suffering. You’ll be required to provide evidence of these losses to receive compensation from the defendant.

A skilled lawyer can also help develop compelling evidence of how the untimely death has had an emotional and psychological impact on you, your children, or other family members. This can include testimony from friends, family members, and mental health professionals.


The Importance of Working with an Experienced Wrongful Death Lawyer


Losing a loved one in a personal injury accident is devastating. Coping with grief and navigating the legal system can be overwhelming. That’s why working with an experienced lawyer who understands the complexities of wrongful death cases is essential.

Here are some reasons why hiring a skilled attorney is crucial in a wrongful death claim:

Knowledge and Experience with Similar Cases

An experienced wrongful death lawyer will have handled numerous cases similar to yours and will know how to build a strong case. They’ll also be well-versed in the laws and procedures required to file a wrongful death lawsuit.

Proving Liability and Damages

Proving liability in a wrongful death case can be challenging. An experienced lawyer will know how to gather evidence, interview witnesses, and hire expert witnesses to prove the defendant’s negligence or wrongdoing. They’ll also work with you to document your losses and pursue fair compensation.

Handling Insurance Companies

Insurance companies often try to settle cases quickly and for much less than what the victim may be entitled to. An experienced attorney can negotiate with insurance companies on your behalf and ensure you receive fair compensation for your losses.

Representing Your Interests in Court

An experienced lawyer can represent you in court if a wrongful death settlement cannot be reached. They’ll have the necessary skills and knowledge to present a compelling case and advocate for your rights and your family’s well-being.


Contact an Atlanta Wrongful Death Attorney Today


Losing a loved one in a personal injury accident is devastating. Fortunately, the law allows surviving family members to seek compensation for their losses. If you’ve lost a loved one in an accident caused by someone else’s negligence, having an experienced and compassionate wrongful death attorney by your side can make all the difference.

At the Dressie Law Firm, we understand how difficult it may be to fight legal battles after losing a loved one. While our wrongful death attorneys cannot undo the untimely passing of your spouse, parent, or child, we can help you handle the legal side of this complex and trying situation.

To learn more about how we can help, call our Atlanta office at (678) 726-1429 or send us a message.