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More than 250,000 people die every year from medical errors, according to a study by John Hopkins patient safety experts, and that is only one example of a cause of wrongful death.
Losing a family member is a life-changing tragedy that can leave you devastated and unsure of the future. If your loved one’s death was caused by someone else’s actions or inactions, a wrongful death attorney will be able to help you.
When someone dies because of the reckless, intentional, or negligent actions of someone else, their death is considered a wrongful death. The cause of their death may have been the fault of another person or a business or entity, such as a government agency.
When a wrongful death has occurred, the victim’s family may be able to receive compensation for their losses through a wrongful death claim against the person or party responsible. The first step is to contact a Marietta wrongful death attorney to learn about your legal rights and options in your unique circumstances.
A wrongful death claim is a claim against a person who can be held liable for a death. Eligible family members of the victim of a wrongful death are able to pursue a wrongful death claim in Georgia.
No amount of money will ever be enough to make up for the loss of your loved one. The purpose of a wrongful death lawsuit is for financial compensation for the victim’s family. Damages typically include:
A wrongful death lawsuit is a civil case that must prove that the victim died because of the wrongful actions of others. In order to be successful, the wrongful death attorney must prove four elements showing that the defendant is responsible for the victim’s death.
If any of these factors cannot be proven, the death of the victim would not constitute a wrongful death and would be considered to have been caused by some other reason.
The four elements required to prove a wrongful death claim are as follows:
Your family member must have been owed a duty of care from the defendant. The duty of care generally means that someone must refrain from causing harm to another person.
For example, when someone drives a car on a public road, they owe a duty of care to everyone else sharing that road and must, therefore, drive safely and abide by the rules of the road. Your lawyer must prove that the defendant was obligated to keep your family member safe.
Once the duty of care has been established, the lawyer must then prove that the defendant did not uphold the duty owed to the victim. For example, the defendant may have been speeding or failed to stop at a red traffic light.
Every wrongful death case is different. There are countless scenarios, circumstances, and situations that cause accidents.
The lawyer must be able to prove that the breach of duty is what caused the accident. For example, if the defendant was speeding and collided with the victim, the lawyer must prove that the excessive speed was to blame for causing the accident.
They can do this by proving that the accident would not have occurred had the defendant been driving at a safe and legal speed using expert witnesses and evidence of stopping distances and reaction times. This is where the lawyer will need as much proof as possible and evidence to back up the claims.
The final element of a successful wrongful death case is to prove that the victim’s injuries and death were caused by the accident. This means that the victim must have suffered injuries and death as a result of the accident.
Obviously, there would be no wrongful death claim if the victim had survived the event. The death of the victim must have been caused by the breach of duty that caused the accident.
Your family must have also suffered damages, such as funeral expenses or pain and suffering, in order to seek compensation. After these four elements have been established, the wrongful death attorney must present evidence of damages for which compensation is being pursued.
The proof only has to show the defendant’s recklessness is true by above fifty percent of surety because wrongful death cases are civil trials and not criminal trials where the evidence must prove beyond a reasonable doubt.
The main two factors to consider while building your case are whether the defendant was negligent and the amount of compensation you should receive for your damages. Strong evidence of negligence includes any legal documentation showing fault or the verdict of a criminal trial, if available.
However, you may still file a claim without a criminal trial, as it may not take place until after your case has been filed and possibly even settled. Your Marietta wrongful death attorney will help you by investigating your family member’s accident to determine fault and to find proof of negligence.
Your personal injury lawyer will also consult with an economist to determine the full amount of compensation that you will be able to pursue.
People without legal knowledge and experience in investigating accidents will find proving their case very difficult. The Marietta wrongful death attorneys at The CEO Lawyer know how to build a strong case and will get you the compensation that you are entitled to receive.
The deceased victim’s family is the plaintiff in a wrongful death lawsuit. If successful, the court will order the defendant to pay the plaintiff’s claimed damages.
The determination of the value of the award for damages potentially includes the following factors:
According to Lincoln Heritage Life Insurance Company, the average cost for a funeral in Georgia is between $7,000 and $12,000 and varies depending on the city, elected services, and service provider. Wrongful death accidents are unplanned events that may leave families unable to afford funeral arrangements.
Not all wrongful death accident victims die close to home. The cost to bring them home varies wildly depending upon the following criteria:
Direct burials without the additional cost of a funeral are about $5,136. Cremation without funeral services costs $1,922, according to Funeralocity. The cost for each method fluctuates depending on location and the type of coffin or urn chosen.
Wrongful death accidents are horrific, especially when high speeds or falls are involved. Many people survive the initial accident only to succumb to injuries and die later in the hospital.
Any treatment they received before their death, including transportation to the hospital, will be charged to their estate. While families are not responsible for paying these expenses, medical bills are expensive and would take a large portion, if not all, of the deceased’s estate.
Some families could be left with nothing, especially if family assets were only in the deceased’s name.
The income the deceased would have earned if the accident had not happened is also calculated into a claim for damages. This amount is significant to families who depend on the victim as the household’s primary source of income.
The family can also receive financial compensation for any pain the victim experienced from the accident until death. Some deaths happen instantly, while other victims experience extreme pain from their injuries, and they may have suffered for a long time before help arrived or if they were trapped somewhere.
Family members are owed compensation for the loss of their loved one. Non-economic damages are for the loss of the individual.
For example, a child who lost a parent also loses a guide, counselor, and comforter; a spouse is losing a companion, support, and consortium. They are losing future memories and will suffer emotionally for the rest of their lives.
There is also consideration given to the value of the victim’s life. For example, if the victim had provided professional services, that would have allowed them to increase their earning potential exponentially.
If someone you love has been tragically killed in a wrongful death accident in Marietta, contact an experienced Marietta wrongful death attorney at the CEO Lawyer Personal Injury Law Firm as soon as possible. We will represent your family to make sure that you get the best possible outcome from your wrongful death case. Call (833) 254-2923 today for a free consultation.
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After a personal injury, you're bound to have legal questions. The CEO Lawyer Ali Awad can provide you with answers to these questions, just as he's given answers to his millions of curious social media followers. Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!
To quickly resolve matters following an accident, insurance companies will offer you less than you deserve in compensation for your injuries. Many victims feel pressured to accept these offers as the bills begin to pile up, but that is rarely a good idea. The insurance company is looking to protect its bottom line; and will offer injured victims less than they deserve. An experienced personal injury attorney understands how to negotiate with the insurance company and can look out for your best interests by getting you the compensation you deserve after an injury. If you or a loved one has been injured in an accident, it is important to avoid negotiating or providing recorded statements to the insurance company without first seeking help from a qualified personal injury attorney.
The best way to determine if you have a personal injury case is to speak with a knowledgeable attorney. Our legal professionals have the expertise to evaluate your case and determine a strong legal strategy so that you can obtain the greatest amount of compensation possible under the law. We will enlist investigators, assistants, and other specialists to collect accident reports, speak with witnesses to your accident, and put together a plan. While you focus on your physical recovery, we will remain committed to fighting for the compensation that you deserve.
Accident victims have a limited time to file a personal injury lawsuit. This time period is referred to as the statute of limitations, and in Atlanta, it lasts only two years. This means that if you or a loved one has been injured in an accident, you have only two years to pursue a personal injury suit. If you wait too long to reach out to an experienced attorney, you might be forever barred from seeking the compensation you deserve.
During your initial consultation with CEO Lawyer team, we will go over the important details of your personal injury accident, which include the nature and extent of your injuries, how your injuries have impacted your ability to earn a paycheck, the cost of your medical treatment, and whether further medical treatment will be required. We will answer any questions you might have, as well, in regards to our experience, our track record of success, and what to expect from the legal process. Many personal injury victims wonder if they will be able to afford the legal fees required to pursue a lawsuit. CEO Lawyer injury and accident attorneys will not ask for any type of upfront fee unless we are successful in obtaining compensation for you. That means that if you have been harmed in a motor vehicle accident, slip and fall accident, defective product accident, or any other type of personal injury accident, you can absolutely afford to contact our law office today for assistance. In fact, you cannot afford to wait. Reach out today. We understand that some accident victims might have already obtained the assistance of an attorney but may be dissatisfied with the services provided. We are standing by and prepared to help you change legal representation, regardless of where you are in the process.
If you or a loved one has been injured in any type of personal injury accident, you should not hesitate to speak with the experienced attorneys at CEO Lawyer personal injury law firm. Call, email, or fill out our online contact form today so that we can begin helping you pursue the compensation you deserve.