According to the law, a wrongful death occurs when an individual or group intentionally, carelessly, negligently, or criminally causes the death of a loved one. Your family may experience anguish from this kind of loss, and it may also lead to serious financial difficulties. Although the word “wrongful death” has several legal connotations, its fundamental meaning is “Did someone close to you die as a result of careless or illegal actions?” The surviving family member may bring a wrongful death action against the responsible person if the answer is in the law affirmative.
Reaching out to an Atlanta wrongful death cases lawyer could be a wise decision if you have lost a loved one in an accident and have the documentation necessary to file a wrongful death lawsuit.
Take the first step towards justice by consulting with a lawyer for wrongful death cases in Atlanta, who can assess your case and outline the potential legal avenues available to you. Contact Henningsen Injury Attorneys today at 404-835-4935. After discussing your case with you, a member of our legal team will determine if you have enough evidence to sue the at-fault party for wrongful death.
Different Kinds of Wrongful Death
Cases of wrongful death may arise from a wide range of actions. A horrific murder could lead to a wrongful death case. It might result from a car smashing into a pedestrian or from, vehicular manslaughter or any kind of vehicle accident involving a car, truck, van, bus, motorcycle, or bicycle.
A workplace accident, such as one in which one or more individuals are killed in a fire or explosion, may give rise to another kind of wrongful death lawsuit. Medical misconduct may give rise to a wrongful death lawsuit in certain cases.
A successful criminal prosecution is not a prerequisite for filing a wrongful death case. A jury may not always find a defendant guilty beyond a reasonable doubt. In contrast to a criminal trial, there is a lesser standard of proof in a wrongful death lawsuit. Under O.C.G.A. § 24-14-3, a civil jury in Georgia is merely required to determine whether the overwhelming weight of the evidence supports one party in the dispute over the other.
1. Car Collisions
Automobile accidents are the most frequent cause of wrongful death due to the sheer quantity of drivers and the frequency of driving. Florida has more than 16 million licensed drivers, and the state averages hundreds of collisions per day. Each year, thousands of people die as a result of those crashes.
The majority of fatal car accidents are caused by at least one driver’s irresponsibility, whether it be from driving while intoxicated, speeding, driving recklessly, or failing to pay attention to the road. If any of these situations describe the driver’s actions, they may also apply to other drivers and passengers who may have died in the collision.
The county or city may be responsible if the accident was caused by traffic problems. Even though they are rare, there have been instances where an accident happened, and neither driver was at fault.
2. Medical Malpractice
Although the great majority of physicians and nurses possess advanced training, errors do occasionally occur in their human abilities. These errors can happen when medical staff takes shortcuts, disregards proper protocol, or just forgets something.
The most frequent reasons for wrongful death in cases of medical misconduct are either incorrect or absent diagnoses. In the medical industry, mistakes made during surgery and when treating illnesses are also frequent reasons for wrongful deaths.
3. Accidents at work
Workplace fatalities are more common in high-risk occupations like construction and hazardous manual labor, but wrongful deaths can still happen in the workplace or even outside of it if an employer places a worker in danger. A prominent example of the latter scenario involves a nurse who was compelled to work repeated 12-hour hours and, as a result of tiredness, ended up in a tragic vehicle accident on the way home.
4. Erroneous Products
The maker of the product is accountable if someone passes away as a result of a flaw. One of the main reasons manufacturers take the time to test and ensure the safety of their products is product liability. Toxic foods, dangerous products intended for children, defective autos, and defective pharmaceutical products are some of the most prevalent instances of this kind of wrongful death.
5. Accidents involving Pedestrians
Pedestrians have little protection hence accidents involving them are more likely to be fatal. These incidents are most often caused by motorist negligence, although in cases where there are no clearly marked pedestrian pathways, the city or county may be held accountable.
Making a Claim for Wrongful Death
O.C.G.A. § 19-7-1 for children and O.C.G.A. § 51-4-2 for spouses or parents are the two portions of Georgia law that specify who can bring a wrongful death claim on behalf of a departed loved one.
A wrongful death lawsuit is typically filed by the deceased’s family member or legal representative. Regardless of the number of children involved, state law recognizes that a spouse must get at least one-third of the final settlement.
When pursuing a wrongful death claim, family members must demonstrate that the other party’s carelessness or willful disregard caused their loved one’s death. The claim must demonstrate that they had nothing to do with their death. The lawsuit must also demonstrate that the unlawful death directly caused the family members emotional and financial harm. These harms could consist of:
Costs associated with burial and funerals.
1. Suffering and pain
Expenses for medical care incurred in connection with a disease or injury brought on by the carelessness or negligence of the negligent party.
2. Absence of collaboration.
Pay and benefits that your loved one would have received but didn’t.
Why You Need a Wrongful Death Attorney in Atlanta
Take the first step towards justice by consulting with a lawyer experienced in wrongful death cases in Atlanta, who can assess your situation and guide you through the legal process.
Here are a few points explaining why you might need a wrongful death attorney in Atlanta.
- The disregard for safety requirements by a business or property owner.
- An employee dies at work because a corporation does not enforce safety procedures.
- A construction worker loses their life as a result of defective tools or machinery.
- Someone dies as a consequence of another’s careless actions.
- When a driver is careless, a passenger in an automobile accident dies.
- Someone dies as a result of reckless or thoughtless behavior.
- After ingesting a faulty antibiotic or over-the-counter medication, a patient passes away.
Dealing with Wrongful Death Attorney
Working on a wrongful death claim with a personal injury lawyer can be quite traumatic. Every conversation you have is about your departed loved one and all the advantages you no longer enjoy as a result of their passing.
The focus of the lawsuit is on the losses endured by the living family members and the financial and psychological toll that the loss of their loved one has had on their existence. Since your loved one suffered agony in their last moments, the claim should cover all of their out-of-pocket expenses as well as the emotional anguish that their surviving family members went through as a result of their loved one’s passing.
You may be able to file a wrongful death claim if someone killed your family member unexpectedly and without warning, either by carelessness or willful neglect or by an intentional act (like murder or manslaughter).
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