One type of attorney we hope you never need is a wrongful death attorney in Roswell. Losing a family member is hard enough. It’s even worse when you lose them to a tragic accident. When someone is reckless and it kills your loved one, there is nothing anybody can do to make it better. However, a Roswell wrongful death lawyer can at least get you justice. Nothing can bring that loved one back. However, experienced Roswell wrongful death attorney can at least get you the compensation you deserve.
People are killed in accidents every day in Georgia. Usually, these accidents are caused by somebody’s negligence. Of course, there are times when people act intentionally. However, in most cases, it’s because they were careless or reckless. When this happens, innocent people are killed. If this happens to someone you love, you need a Roswell injury lawyer by your side.
If your spouse or child is killed in an accident, you need to contact a wrongful death attorney in Roswell right away. You are going to face a very difficult time. Burying a family member is the hardest thing you’ll ever do. This is especially true if they were young and healthy. It’s impossible to wrap your head around the fact that their death was preventable. The last thing you are going to want to do is deal with insurance companies and legal issues. A Roswell wrongful death attorney can help you do that.
When do you Need a Wrongful Death Attorney in Roswell?
We would be perfectly happy if you never had to call a wrongful death attorney in Roswell. If the time comes when you’ve lost a loved one to wrongful death, an experienced Roswell wrongful death attorney can help. Wrongful deaths happen every day. Accidents can be more serious than you think. Some people are just not able to recover from their injuries.
Different types of accidents cause wrongful deaths in Georgia. For the most part, these cases don’t involve slip and falls or rear-end accidents. Although there are rare instances when these types of accidents result in death, they are few and far between. Wrongful death cases typically involved much more serious accidents. Some common causes of wrongful death include:
- Car accidents –When two cars are speeding down a highway, any collision can be deadly. The idea of two giant machines colliding is scary. Often times, people suffer injuries so serious that they just don’t survive. When this happens, a Roswell wrongful death lawyer can help you get the compensation you deserve.
- Truck accidents –Tractor-trailer accidents can be the deadliest type of accident. When a passenger car is hit by a tractor-trailer, passengers usually don’t survive. About 5,000 car drivers die in truck accidents every year. Truck drivers usually see a better fate. This is because they are protected by a larger vehicle. Given the high fatality rate in truck accidents, it’s important to retain the services of a Roswell wrongful death attorney.
- Motorcycle and bicycle accidents –People involved in both bicycle and motorcycle accidents are at special risk. They are always at a disadvantage. There is nothing that stands between them and the road. Wrongful death attorneys in Roswell handle many of these cases every year.
- Medical malpractice –We’re always told that doctors are there to help us. We don’t imagine that they could do something to hurt us. However, even doctors make mistakes. Medical malpractice cases often involve the death of a patient. Roswell wrongful death lawyers handle these types of cases all the time and get their clients fair settlements for their claims.
- Products liability –A lot of wrongful deaths are caused by defective and unsafe products. Manufacturers sometimes make products that end up hurting consumers. There have even been cases where companies purposely leave dangerous products on the market. It all depends on what will cost them more money – to settle lawsuits or recall the products. Some of the most popular products involved in products liability wrongful death cases include:
- Power tools and lawnmowers
- Children’s toys and games
- Dangerous drugs
- Work-related accidents –Most work-related injuries are handled through workers compensation law. However, there are also cases where the employer’s negligence causes your loved one’s death. They may involve faulty equipment or an unsafe work place. These types of cases are handled by Roswell wrongful death lawyers.
In most accidents, people sustain injuries but don’t die. Sadly, there are times when victims don’t survive. Their injuries are just more than they can bear. If you have lost a loved one due to wrongful death, you need to retain the services of a wrongful death attorney in Roswell.
What Does a Roswell Wrongful Death Lawyer Need to Prove Wrongful Death?
Only certain people are allowed to file a wrongful death claim. It is usually the victim’s immediate family who has standing to sue. When they do, they need to prove that the defendant caused their loved one’s death. Usually, this requires that you prove negligence.
Negligence in a wrongful death case is the same as with any other Roswell personal injury case. In order to prove wrongful death, your Roswell wrongful death attorney needs to prove the following:
- The defendant owed a duty of care to the plaintiff. This duty can be as simple as driving carefully at night. It may be a duty to put safe products on the market. Your Roswell wrongful death attorney will have to demonstrate that this duty existed.
- Your wrongful death attorney needs to show that the defendant breached this duty. They will argue that the plaintiff’s loved one died as a result of the recklessness, carelessness, or negligence of the defendant
- The defendant’s actions actually caused the death of the victim. Sometimes, a defendant can be negligent without actually causing the victim’s death. An experienced wrongful death attorney in Roswell will work hard to prove your claim.
- The loved one’s death must have resulted in damages. Damages can be both financial and emotional. You can file a claim for lost wages and medical bills. However, you can also demand that you be compensated for pain and suffering.
Roswell wrongful death attorneys must be compassionate. They have to ask hard questions without making the family relive the pain of their loved one’s death all over again. That can be the hardest part about a wrongful death case. It is very hard on the family.
Roswell Wrongful Death Attorneys Represent the Family of the Deceased
As mentioned above, the plaintiffs in a wrongful death case are usually limited to the immediate family of the deceased. The plaintiff is usually a parent or spouse. Georgia is very strict about who can file a wrongful death suit. You can’t file a wrongful death lawsuit for a boyfriend or girlfriend. You have to meet the criteria set forth by state law. The following people can recover under wrongful death actions in Roswell, Georgia:
- The spouse of the deceased person
- If the spouse and the deceased had minor children, the spouse must represent the interests of the minor children
- The spouse must receive at least 1/3 of any money recovered in a wrongful death action
- If there is no spouse or surviving children, a wrongful death claim may be brought by:
- Surviving parents of the deceased
- Personal representative of the decedent’s estate
If you satisfy the above requirements, you should contact a wrongful death attorney in Roswell. Your lawyer can help confirm that you have standing to sue. Some states allow non-married partners to file a wrongful death claim. This is not the case in Georgia. Your Roswell wrongful death lawyer must demonstrate that you meet one of the above criteria in order to qualify under Georgia law.
What Damages Can a Wrongful Death Attorney in Roswell Demand?
It sounds horrible to even think about, but in order to file a wrongful death claim, you have to suffer actual damages. Your Roswell wrongful death lawyer has to prove both that the defendant is responsible for your loved one’s death and that you suffered a loss. This loss has to be something he can prove.
There are two types of damages for a wrongful death claim. The first type is meant to provide the family with compensation for what they would have had if their loved one was alive. The second type is meant to reimburse the family for what they have lost financially. Here are the potential damages your Roswell wrongful death lawyer will pursue under a Georgia wrongful death claim:
- Monetary damages related to the deceased including
- Wages he would have earned had he survived – Most people are presumed to work until they reach the age of 65. Use this as a guide when calculating lost wages.
- Value of the companionship and advice he would have given his family – This can extend to a spouse, children and even grandchildren.
- Financial compensation for the family
- Medical expenses related to the accident or illness
- Burial and funeral expenses
- Pain and suffering endured prior to his passing
Your wrongful death attorney in Roswell will argue to get you the compensation you’re entitled to. In order to prove damages, your Roswell wrongful death lawyer will need certain information. You can submit tax returns to show what your loved one was used to earning. You also want to give your lawyer receipts from medical bills and the funeral. This is going to be difficult. Your wrongful death attorney in Roswell understands this. He will be by your side every step of the way.
You would hope that the insurance company would pay your claim from the start. However, there is a good chance they will deny your claim. You may have to file an appeal or deal with the insurance adjuster. This is stuff your wrongful death attorney in Roswell can handle. He will negotiate with the insurance company and work out a fair settlement. If not, he can file a wrongful death suit on your behalf.
Contact a Roswell Wrongful Death Attorney Today
If you have lost a loved due to wrongful death, you need to contact an attorney immediately. You will have to arrange for the funeral and burial. You may have to deal with estate matters. The last thing you want to do is fight with insurance companies at a time like this. Your wrongful death attorney in Roswell will do all of this for you.
Roswell wrongful death attorneys often have to file lawsuits. This doesn’t mean the insurance company won’t settle. They may be waiting to see how serious your claim is. Once they learn that you are represented by a lawyer, they may change their tune. They are not going to want to battle in court when their client is at fault for wrongful death.
Roswell wrongful death attorneys will do what it takes to prove your case. They will present your case to a judge or jury in a way that is sure to generate sympathy. Juries are naturally sympathetic to a victim in a wrongful death case. They can imagine how difficult it must be for the family. They want to know that if their loved one died in an accident, the person responsible would have to pay.
Contact an attorney today to schedule your initial consultation. You pay nothing for this first meeting. It gives you a chance to review your case with an experienced attorney. You can ask any questions you may have. Understand that your lawyer is going to have some difficult questions as well. Be prepared for this. They are only doing this because they have to. The last thing they want to do is make you relive your loved one’s death all over again. In this type of case, you pay nothing until you win your case.