Best Wrongful Death Lawyers in Aurich
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Find a Lawyer in AurichAbout Wrongful Death Law in Aurich, Germany
Wrongful death in Aurich is not governed by a single statute called "wrongful death" as in some other jurisdictions. Instead, claims that arise when a person dies because of another person or entity are dealt with under German criminal law, civil tort law, insurance law, and succession law. Criminal proceedings determine fault and can lead to punishment. Separately, surviving family members and heirs can pursue civil claims for financial losses, funeral costs, loss of support, and in limited circumstances for non-material harm. Local authorities - the police and the public prosecutor - handle criminal investigations. Civil claims are usually handled by local civil courts or negotiated with insurers.
Why You May Need a Lawyer
A lawyer can be essential after a wrongful death for reasons that include protecting legal rights, proving liability, and obtaining fair compensation. Common situations in which people seek legal help include fatal traffic accidents, deaths allegedly resulting from medical malpractice, workplace fatalities, deaths caused by defective products, negligent premises liability, crimes that led to death, and disputes with insurers about the size or legitimacy of a claim.
Survivors often need help collecting and preserving evidence, preparing claims for funeral costs and loss of support, valuing future economic losses, navigating criminal investigations, and making strategic decisions about whether to join civil claims to criminal proceedings. Lawyers also advise on procedural rules, time limits, and possible funding options such as legal aid or legal expenses insurance.
Local Laws Overview
Key legal principles relevant to wrongful death in Aurich reflect federal German law and include the following general points. Liability for causing death is typically established under civil tort concepts when someone unlawfully and culpably causes harm. Criminal responsibility is determined by the public prosecutor and courts. If criminal liability is found, it can support a civil claim but is not required for civil recovery.
Civil remedies available to survivors and heirs generally cover pecuniary losses - for example funeral costs, loss of support if the deceased contributed financially, loss of future earnings, and certain costs connected to the death. In some cases survivors may pursue compensation for severe emotional harm, but such claims are more limited and require careful legal analysis.
Practical local considerations include mandatory motor third-party insurance in vehicle cases, reporting obligations to the police, and involvement of the local probate court for estate matters. Time limits are important - in most civil claims the limitation period is relatively short, commonly three years from the time the claimant knows of the damage and the person who caused it. Criminal investigations have differing procedural timelines. If an insurance company is involved, strict notification and documentation requirements may apply.
Frequently Asked Questions
What should I do first after a death I believe was caused by someone else?
Report the incident to the police as soon as possible and request that it be recorded. Preserve evidence - photographs, witness names and contact details, medical records and any accident reports. If there are immediate safety concerns, address them and seek medical documentation of injuries. Contact a lawyer for early advice about evidence preservation and next procedural steps.
Will criminal charges automatically lead to civil compensation?
No. Criminal prosecution and civil claims are separate. A criminal conviction can make it easier to show fault in a civil claim, but survivors still need to bring a civil claim - either through court proceedings or settlement negotiations with an insurer or the responsible party.
Who can claim damages after a wrongful death?
Close family members and legal heirs typically can claim damages that arise from the death. Eligible claims commonly include funeral expenses, loss of financial support, costs related to care and treatment before death, and other pecuniary losses suffered as a result of the death. The exact scope depends on family relationship, dependency, and the facts of the case.
How is the value of a wrongful death claim calculated?
Calculating value commonly involves documenting actual financial losses - lost income, lost future earnings, funeral costs and other expenses. Valuing non-financial losses is more complex and depends on case law and judicial discretion. Professional assessment by an attorney, often assisted by economists or medical experts, helps calculate a reasonable claim.
What deadlines should I be aware of?
Timely action is critical. In many civil tort claims the limitation period is generally three years from when the claimant became aware of the damage and the responsible party. Other specific deadlines may apply for notifying insurers or for criminal procedural rights. Consult a lawyer promptly to avoid losing rights through missed deadlines.
Can I sue an employer if a workplace accident caused the death?
Possibly. Workplace deaths trigger investigations by authorities such as the Berufsgenossenschaft or Unfallkasse and may involve criminal or administrative liability for safety breaches. Civil claims against an employer for negligence or compensation for loss of support can be pursued separately. Employers may also be subject to statutory occupational insurance obligations that affect compensation routes.
What role does an insurance company play?
Insurance often plays a central role. For traffic fatalities the at-fault driver s motor liability insurer normally handles claims for damages. Employers and professionals may have liability insurance that responds to claims. Insurance companies may offer settlements - it is important to get legal advice before accepting any offer, because initial offers are often low compared with full compensation.
Can I get legal aid or help with lawyer fees?
There are several funding options. If you have legal expenses insurance, it may cover lawyer costs. In civil cases, state legal aid such as Beratungshilfe for legal advice and Prozesskostenhilfe for court proceedings can be available based on income. Discuss funding and fee arrangements with a lawyer - German rules about fees and contingency arrangements differ from other countries.
Should I wait for the criminal trial to finish before filing a civil claim?
Not necessarily. Civil claims can be filed while criminal proceedings are ongoing. In some cases it is strategically advantageous to wait for criminal facts to be established, but waiting can risk running into limitation periods or losing critical evidence. A lawyer will advise on the timing that best protects your rights.
What evidence is most important in wrongful death cases?
Key evidence includes official police and accident reports, medical records, autopsy reports, witness statements, photographs or video, maintenance and income documentation, employment records, and any expert reports. Preserve documents and provide them to your lawyer early so they can evaluate liability and damages properly.
Additional Resources
Local authorities and organizations that can be helpful include the local police station and the Staatsanwaltschaft (public prosecutor) in Aurich for criminal matters, and the Amtsgericht Aurich or the relevant civil court for estate and civil claims. Victim support organizations such as Weisser Ring and regional Opferhilfe services in Lower Saxony provide practical and emotional assistance to families of victims. Verbraucherzentralen - consumer advice centres - can help with insurance questions. For legal professionals consult the local bar association or Rechtsanwaltskammer that oversees lawyers in your area. If a fatal accident involved workplace safety, the Berufsgenossenschaft or Unfallkasse responsible for that sector can provide guidance.
Next Steps
1. Ensure immediate safety and report the incident to the police - ask for the official report number.
2. Gather and preserve evidence - medical records, photos, witness names, employment and financial documents, and insurance information.
3. Contact a lawyer experienced in wrongful death matters - for example with experience in traffic law, medical negligence, workplace accidents or product liability depending on the facts. Ask about experience, likely timelines, fee arrangements and funding options.
4. Consider victim support resources for emotional and practical help. They can assist with immediate needs while legal matters proceed.
5. Keep careful records of all expenses and communications with authorities and insurers. Respond promptly to legal time limits and follow your lawyer s guidance about negotiating with insurers or filing court claims.
If you need a referral, start by contacting the local bar association or a reputable law firm in Aurich that handles wrongful death, traffic, medical liability, or workplace accident claims. Early legal advice helps preserve rights, avoid critical mistakes, and maximize the chance of appropriate compensation and closure for you and your family.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.