Do I Have a Wrongful Death Case?

Losing a loved one is a painful experience, especially if their death was caused by the negligent actions or behavior of another person. If you have lost a family member due to an accident, medical mistake, or neglect at a nursing home or elder care facility, you could be entitled to damages for medical or funeral expenses, emotional suffering, and financial hardship.

While determining liability and legal damages of wrongful death cases can be complicated, the experienced Atlanta-based attorneys at Kaplan & Lukowski, LLP will evaluate your case by asking the following questions:

Was the Death Caused by Negligence?

In order for a case to qualify as a wrongful death, the death must have been caused by someone’s negligent or carless actions. For example, if a person is killed in a truck accident caused by a truck driver falling asleep at the wheel, the truck driver’s actions could be considered negligent and warrant a wrongful death case.

Was Negligence the Direct Cause of Death?

In order to prove fault in a wrongful death case, a legal team must show that the death was a direct result of the party’s negligent behavior. For example, using the previous trucking accident scenario, if the person involved in the accident ultimately died due to an infection acquired while they were in the hospital receiving treatment for injuries, their death would not be directly caused by the driver’s negligent behavior. Therefore, the truck driver may not be held responsible for the death.

Are You the Appropriate Person in Your Family to File the Claim?

A wrongful death case is normally filed by a member of the family who has experienced the most financial and emotional hardships due to the loss. We can help you determine the correct person in your family to file in order to present the strongest case possible.

Did the Death Cause You and Your Family Undue Financial Hardships?

If the death of your loved one caused your family undue financial stress, such as lost wages, medical expenses, and future financial insecurity, you and your family could be entitled to compensation to make up for these hardships. In addition to financial stress, you could also receive damages for your pain and suffering, or the pain and suffering of your departed loved one.

Explore Your Options With a Free Consultation

If the legal team at Kaplan & Lukowski takes on your wrongful death case, they will work tirelessly to obtain the financial compensation you and your family need to recover from the loss of your loved one. Call the experienced attorneys of Kaplan & Lukowski at (404) 845-0012 or fill out our online form for a free, no-risk consultation and case evaluation.