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According to a John Hopkins study, over 250,000 deaths occur annually due to medical errors, a staggering figure that underscores the severity of the issue. Wrongful death emerges as a significant cause of loss, leaving families profoundly affected by the consequences.
In such dire circumstances, seeking guidance from a wrongful death attorney is crucial, especially if a loved one’s demise stemmed from someone else’s actions or negligence. These legal professionals offer the necessary support and expertise to navigate the complexities of such cases, providing a pathway toward justice and closure for those left behind.
When Do I Contact a Marietta Wrongful Death Attorney?
Wrongful death is defined by the reckless, intentional, or negligent actions of another party, whether it be an individual or entity such as a business or government agency. These actions can lead to devastating consequences, leaving families grappling with profound loss. However, there is recourse available for those affected.
Pursuing a wrongful death claim offers the possibility of obtaining compensation for the losses incurred. To navigate this complex legal terrain effectively, it is essential to seek guidance from a Marietta wrongful death attorney.
What Is as a Wrongful Death Lawsuit?
In Georgia, wrongful death claims are directed towards individuals deemed liable for a death, with eligible family members taking legal action to seek justice. While acknowledging that no monetary compensation can fully mitigate the loss endured, wrongful death lawsuits strive to provide financial assistance to the victim’s family during this trying time.
These claims commonly seek damages to cover medical expenses, funeral costs, and the enduring pain and suffering experienced by the bereaved. Surviving spouses and children, depending on the circumstances, may pursue financial support through such legal avenues.
What Are the Four Elements of a Wrongful Death Claim?
A wrongful death lawsuit is a civil case that hinges on establishing proof that the victim’s demise resulted from the wrongful actions of others. For such a lawsuit to succeed, the attorney must meticulously demonstrate four key elements that establish the defendant’s responsibility.
- Duty of care
- Breached duty of care
- The breach of care caused the accident
- The victim’s death was caused by the accident, and the family has suffered damages from the death
Failure to prove any of these elements could mean that the death isn’t wrongful, potentially attributed to another cause, highlighting the importance of thorough legal representation and evidence gathering in such cases.
Duty of Care
In a wrongful death lawsuit, it’s imperative to establish that the family member who suffered the fatal outcome was owed a duty of care by the defendant. Duty of care encompasses the responsibility to refrain from causing harm to another person.
For instance, in the context of road safety, drivers owe a duty of care to others on the road by driving safely and adhering to traffic rules. The lawyer tasked with representing the family’s interests must effectively demonstrate that the defendant was obligated to ensure the safety and well-being of the family member who tragically lost their life.
Breached Duty of Care
Once the duty of care owed to the family member is established, the lawyer must proceed to demonstrate the defendant’s failure to uphold that duty. This often involves providing evidence of specific breaches, such as instances of speeding or failure to stop at a red light.
These examples illustrate how the defendant’s actions deviated from the expected standard of care, directly contributing to the tragic outcome.
The Breach of Care Caused the Accident
Indeed, every wrongful death case is unique, shaped by diverse scenarios and circumstances surrounding the accidents. To successfully navigate such complexities, the lawyer must effectively prove that the breach of duty directly caused the accident resulting in the fatal outcome.
For instance, if the defendant’s speeding led to a collision with the victim, the lawyer must demonstrate how the excessive speed directly caused the accident. This proof often involves showing that the accident wouldn’t have occurred at a safe, legal speed.
To bolster their case, lawyers may utilize expert witnesses who can provide insights into stopping distances and reaction times, as well as gather evidence such as accident reconstruction reports. Given the gravity of these claims, substantial proof and evidence are paramount, ensuring that the legal arguments are firmly grounded in the specifics of the case and the applicable laws.
The Victim’s Death Was Caused by the Accident, and the Family Has Suffered Damages From the Death
The final element in a wrongful death case is to prove that the victim’s injuries and subsequent death directly resulted from the accident caused by the breach of duty. It is crucial to establish that the victim’s death was a direct consequence of the defendant’s negligent actions; if the victim had survived, a wrongful death claim would not be applicable.
Additionally, the family must demonstrate that they have suffered tangible damages, such as funeral expenses, pain, and suffering, to seek compensation. Once these four elements—duty of care, breach of duty, causation, and damages—are established, the attorney can present evidence of these damages to the court.
In civil trials, the burden of proof is to show the defendant’s recklessness by a preponderance of the evidence, meaning it must be more likely than not (above 50% surety) that the defendant’s actions caused the wrongful death. This is in contrast to criminal trials, which require proof beyond a reasonable doubt.
Two main factors in these cases are establishing the defendant’s negligence and determining the appropriate amount of compensation for the family. Strong evidence of negligence can include legal documentation or a verdict from a criminal trial, although a wrongful death claim can still proceed without a preceding criminal trial.
A Marietta wrongful death attorney diligently investigates to determine fault and gather proof of negligence.
Working with a personal injury lawyer, who often collaborates with an economist, helps calculate the full amount of compensation deserved by the family. This comprehensive approach ensures all financial impacts are considered, from immediate costs to long-term financial support.
Without legal expertise, proving such a case can be exceptionally challenging. The wrongful death attorneys at The CEO Lawyer in Marietta possess the experience and knowledge necessary to build a compelling case and secure the compensation the family deserves, providing support during a profoundly difficult time.
What Types of Damages Can Be Claimed in a Wrongful Death Case?
In a wrongful death lawsuit, the deceased victim’s family serves as the plaintiff. If the lawsuit is successful, the court will mandate the defendant to compensate the plaintiff for the claimed damages.
The assessment of the damages award may consider various factors, including:
Funeral Expenses
According to Lincoln Heritage Life Insurance Company, the average funeral cost in Georgia ranges from $7,000 to $12,000, with expenses varying depending on the city, the services chosen, and the service provider. When a wrongful death accident occurs unexpectedly, families often find themselves financially strained, struggling to afford the necessary funeral arrangements.
Transportation of the Deceased
Victims of wrongful death accidents may not always pass away close to home, and the costs to bring them home can vary widely. Factors influencing these costs include the distance they must travel, fees for shipping arrangements, the method of transportation, and the weight of the deceased.
Burial or Cremation Expenses
Direct burials without funeral services cost approximately $5,136, while cremation without funeral services costs about $1,922, according to Funeralocity. The expenses for both methods can vary based on location and the type of coffin or urn selected.
Medical Bills for the Deceased
Wrongful death accidents, especially those involving high speeds or falls, can be particularly harrowing experiences. In some cases, victims may initially survive the accident but later succumb to their injuries while in the hospital.
All medical treatment received before the victim’s death, including hospital transportation, is typically charged to the victim’s estate. Although families are not directly responsible for these expenses, medical bills can be substantial and may rapidly deplete or exhaust the deceased’s estate.
Lost Wages
The income the deceased would have earned if the accident hadn’t occurred is factored into the claim for damages. This income is important for families reliant on the victim as the primary breadwinner.
The Victim’s Pain and Suffering
Families can also receive financial compensation for the pain endured by the victim from the accident until death. Victims may experience varying levels of pain, from instant death to prolonged suffering due to injuries.
Non-Economic Damages
Non-economic damages reflect the intangible losses experienced by the family, such as a child losing a parent’s guidance, counseling, and comfort, or a spouse losing a companion, support, and consortium. This loss extends beyond the immediate moment to encompass the absence of future memories and the enduring emotional suffering endured by those left behind.
Consideration is given to the value of the victim’s life, including their potential earning capacity. This is especially pertinent if the victim provided professional services that had the potential for significant income growth, highlighting the broader impact of their absence on the family’s financial stability and well-being.
Contact a Knowledgeable Marietta Wrongful Death Law Firm Today
If a loved one tragically passes away in a wrongful death accident in Marietta, seek the guidance of an experienced attorney. The CEO Lawyer Personal Injury Law Firm in Marietta specializes in wrongful death cases and promises dedicated representation to secure the best possible outcome for the grieving family.
Offering compassionate support during this challenging time, our firm extends a free consultation to individuals facing such circumstances, urging you to reach out by calling (833) 254-2923. With our expertise and commitment to justice, The CEO Lawyer Personal Injury Law Firm stands ready to advocate for the rights and interests of those affected by wrongful death accidents in Marietta.