What Is Wrongful Death?
Wrongful death is the taking of a life as a result of willful acts or by way of medical error or negligence. When it happens due to the carelessness or negligence of another party or parties, this tragic experience is even more devastating.
Death of a loved one is a devastating event in anyone's life. A family's search often begins on the internet for civil case attorneys near me, because virtually no one would have information on the top law firm for handling such tragic cases. Not just any injury lawyer will do, for such a high stakes case.
Regaining peace of mind and closure in this untimely death, due to the negligent act that caused your loved one's death, will not come for a while, if ever. You know that you need legal advice from a wrongful death attorney near me, but you do not know where to start.
In Search of the Best Wrongful Death Lawyers Near Me
Wrongful death, or the taking of a life as a result of willful or negligent acts (or failure to act when a duty to act exists) occurs on our highways, in recreational settings, and possibly even in our hospitals. Damage awards often turn upon how much of a dollar value the jury gives for pain and suffering, and possibly for punitive damages, where facts support that category of recovery.
Following the loss of a key family member, relatives of the deceased may have funeral proceedings to organize or insurance policies to track down. At the same time, they must try to offer consoling support for those who are grieving. It is often difficult to maintain emotional control. Most fatality cases are caused by the acts or omissions to act by another individual, individuals or businesses.
Wrongful death laws were enacted to provide a victim's family with a means of seeking monetary compensation for the value of the lost life. Without a doubt, this remedy is INADEQUATE, but it is all that the civil justice system allows. Getting the full value of the life of the deceased person may heavily depend upon which personal injury attorneys Atlanta GA that you hire.
Georgia's Wrongful Death Statutes
Many types of collisions and vehicular accidents can lead to a wrongful death case. After the tragedy occurs, the victim's family is usually focused on funeral arrangements, instead of pursuing evidence for a lawsuit. This part of the article covers the Georgia Code sections applicable to most cases.
In Georgia, the legislature acted to pass a special wrongful death statute [found in OCGA 51-4-2(a)] and did away with the antiquated common law rule, which was in no way a modern law for an industrialized society. The most common claim that civil attorneys call “the wrongful death claim” distinguishes it from the “estate” claim.
Georgia laws delineate WHO can bring the wrongful death lawsuit, such as the spouse (if married), children of the deceased, etc. The goal of this litigation is to have a jury place an intangible value on family, friend and faith, or whatever was important in that person's life. Plus, lost future earnings based upon the deceased person's age and life expectancy is the usual case presentation route taken at a jury trial.
Rules about what categories of damages must be brought by this type of Estate claim under OCGA 53-2-1 and subsequent code sections (e.g., any punitive damages claim, for something like a hit and run or DUI driver causing the death). If the person died with a last will and testament, the Executor of that estate pursues the estate claim for funeral bills, medical costs, and (unless death was instantaneous) for any pain and suffering.
It is understandable that a family in mourning may not be prepared to deal with legal issues surrounding collecting life insurance, starting the legal paperwork for a worker's compensation claim (if the victim was killed during work), and gathering potential witness statements. The victim's family usually needs the assistance of a well-qualified wrongful death attorney as early as practicable in these cases.
Preserving and protecting critical evidence that can help facilitate the eventual wrongful death lawsuit can mean everything in a civil litigation case. Loss of contact with a key witness or allowing a damaged vehicle to be sold for scrap and crushed before the “other side” (whomever is being sued to recover), can seriously compromise the value of a family's civil claim.
Trucking Accident Cases Are a Common Cause of Wrongful Death Cases
Truck accidents on our highways are statistically proven to have a higher likelihood of causing one or more wrongful deaths. Truck drivers receive extensive roadway safety training that should prepare them for the hazards they will encounter. To obtain a commercial motor vehicle license, (commonly called a CDL license), a full DOT course must be taken and passed. Plus, a trucking company that hires one of these newly-licensed drivers is aware that the DOT will not allow a person with a bad driving record to sign up for the CMV license training.
A death caused by negligence is always a very tragic event. When a wrongful death occurs, legal procedures and evidence preservation rules need to be followed. Where liability exists for a suit against a third party, a skilled wrongful death attorney can help the victim's family send out the appropriate demand letters, and (when necessary) file a wrongful death lawsuit.
Wrongful death cases can be difficult, confusing, and highly emotional undertakings for a victim's family members. This is one of the most important aspects of hiring the right lawyer --- to stand by you to see this legal notification process is handled correctly.
Contact Atlanta Wrongful Death Lawyer Bubba Head Today
If you or a loved one has been catastrophically affected by a wrongful death, contact Mr. Head and his legal advocates immediately! His 43 years of experience and long-time connections to Georgia's proven truck accident attorneys will take any guesswork out of who to call. You don't want to accept the first truck accident lawyer near me for your representation.
Don't delay calling, since the evidence from a car accident case can disappear or be compromised. Georgia injury law sometimes rewards the “first claimant to file.” Call our accident attorneys today for a FREE lawyer consultation.
Wrongful Death Lawyer: Civil Case Attorneys Near Me in Metro Atlanta
Our MAIN OFFICE is located at 5590 Roswell Rd., #210, Sandy Springs, GA 30342, but for injured clients or families who have lost a family member, our personal injury attorneys come to your home.
Your initial consultation is FREE: 404-567-5515.