It’s hard enough losing a loved one. When you lose that person to senseless acts, it is devastating. It takes a certain kind of person to be a Smyrna wrongful death lawyer. It takes compassion, patience and understanding.
Sadly, there are many ways in which a wrongful death can take place. It is usually because somebody else acted negligently. There are instances of intentional acts that cause a wrongful death. However, in most cases, it’s because somebody did something wrong. Accidents happen. When these accidents cost an innocent person their life, you need an advocate on your side.
If a loved one is killed in an accident, you need to contact an injury attorney right away. The next several months are going to be the most difficult you have ever experienced. The last thing you need to do is worry about insurance companies and legal issues. What you need to do is focus on grieving with your family and trying to resume a normal life.
When do you Need a Wrongful Death Attorney in Smyrna?
We hope you go your entire life without ever having to call a wrongful death attorney in Smyrna. If the time comes, however, when you need one, an experienced Smyrna wrongful death attorney can make the legal process a little easier. Wrongful deaths happen every day. It is a horrible thing to think about. People get hurt in accidents and sometimes their injuries are very serious. Some people are just not able to recover from these injuries.
Different types of accidents can lead to a wrongful death case in Georgia. For the most part, we aren’t talking about slip and falls. As serious as they may be, they don’t normally result in death.
Some of the more common types of accidents that can lead to a wrongful death case include:
A car accident involves two heavy pieces of machinery crashing into each other, usually at high rates of speed. There are people inside of these machines who get thrown about during an accident. Even with the benefit of a seatbelt, the consequences can be deadly. Distracted driving and impaired driving are two of the leading causes of wrongful death cases in the United States. Some victims die from the impact while others in car fires. If you’ve lost a loved one, a Smyrna wrongful death lawyer can help you get the compensation you deserve.
When a passenger car is hit by a tractor-trailer, the results can be deadly. Trucks are so large and powerful, a small car or SUV simply doesn’t stand a chance against them. About 5,000 car drivers die in truck accidents every year. Only about 700 truck drivers die in these same accidents. The chances of survival for a car driver in a truck accident are small. A lot of these accidents are caused by truck driver negligence. This is why it’s so important to retain the services of a Smyrna wrongful death attorney.
- Motorcycle and bicycle accidents
Both motorcycle and bicycle riders are at a significant disadvantage on the road. Nothing stands between them and the road or another car. They have no protection against injury. A helmet can only protect against head and brain injuries. It can’t stop the victim from dying from internal injuries or spinal cord injuries. Wrongful death attorneys in Smyrna handle many of these cases every year.
Doctors are supposed to help us. They are supposed to repair injuries. However, sometimes, things go wrong. Doctors aren’t perfect – they are human. During surgery, lots of different things can go wrong. A doctor can make a simple mistake the costs a patient their life. Or, a doctor prescribes a medication to a patient not realizing it can cause deadly reactions. Medical malpractice cases tend to result in large settlements. Smyrna wrongful death lawyers have to present these cases the right way in order to get the family justice.
When manufacturers design, make and sell their products, they are required to meet certain standards. They have to make sure they are putting products on the market that are safe and useful. Sometimes, products make their way into consumers hands and hurt them. Some of the most products that lead to the most wrongful death cases include:
- Cars
- Machinery
- Power tools and lawnmowers
- Children’s toys and games
- Dangerous drugs
- Work-related accidents
Thousands of people die every year in work-related accidents. A lot of take place in construction jobs. Workers work in dangerous conditions and from great heights. They work with dangerous equipment and put themselves at risk every day. However, just because the job is dangerous doesn’t mean people should die while performing them. Many work-related injuries and deaths are handled in workers compensation court. When the death results from employer negligence, however, it is a personal injury case. These types of cases are handled by Smyrna wrongful death lawyers.
The seriousness of the injuries associated with these types of accidents is great. Some people do survive and recover from their injuries. However, there are many times when people don’t make it. If a loved one dies due to someone’s negligence, you need to retain the services of a wrongful death attorney in Smyrna.
What Does a Smyrna Wrongful Death Lawyer Need to Prove Wrongful Death?
Wrongful death cases are brought by the family of someone who is killed in an accident. It is unique in that way. None of the plaintiffs in a wrongful death case were actually hurt or injured. They are filing suit to be compensated for the loss of their loved one. In order to prove a wrongful death case, you basically need to prove negligence on the part of the defendant.
Negligence in a wrongful death case is no different than it is in any personal injury case.
In order to prove wrongful death, your Smyrna wrongful death attorney needs to prove the following:
- The plaintiff’s loved one died as a result of the recklessness, carelessness, or negligence of the defendant
- The defendant owed a duty of care to the plaintiff. For example. Doctors owe a duty of care to their patients to perform procedures correctly. Motorists owe a duty of care to other drivers on the road.
- The defendant’s actions actually caused the death of the victim. Even if the victim was partially responsible for his death, the family will still have a potential wrongful death claim. An experienced wrongful death attorney in Smyrna will work hard to prove their claim.
- The loved one’s death must have resulted in damages. These damages can be financial or they can be in the form of pain and suffering. The pain and suffering, however, must have been the victim’s pain and suffering. The family can show that, prior to his death, the victim was suffering and in pain. For the family, these damages are more economical.
Skilled Smyrna wrongful death attorneys are compassionate. They will ask the right 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.
Smyrna Wrongful Death Attorneys Represent the Family of the Deceased
As mentioned above, the plaintiffs in a wrongful death case are the family of the deceased. Usually, it is a parent or spouse who files a wrongful death claim. Georgia is very strict about who can file a wrongful death suit.
The following people can recover under wrongful death actions in Smyrna, 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 meet these qualifications, you need to contact a wrongful death attorney in Smyrna. They will help you confirm that you are indeed eligible to file a wrongful death claim. Some states allow non-married partners to file a wrongful death claim. This is not the case in Georgia. Your Smyrna 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 Smyrna Demand?
Just because someone dies, doesn’t automatically mean you are entitled to damages. You have to actually suffer a loss in order to file a lawsuit for wrongful death. So, not only does your Smyrna wrongful death lawyer need to prove that the defendant is responsible for your loved one’s death, he also has to prove 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 designed to give the family what they would have had if their loved one hadn’t died. The second type is meant to compensate the family for what they have lost financially.
Here are the potential damages your Smyrna 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
- Value of the companionship and advice he would have given his family
- 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
In order to prove damages, you are going to have to provide your Smyrna wrongful death lawyer with certain information. You will need to have tax returns to show what your loved one earned. You also need to give him receipts from medical bills and the funeral. This is going to be painful.
Contact a Smyrna Wrongful Death Lawyer Today
If you have lost a loved one in an accident, you need to reach out to a Smyrna wrongful death lawyer immediately. You are going to be dealing with funeral and estate issues. The last thing you need to do is deal with legal issues as well.
Hopefully, all you’ll have to do is file a claim against the defendant’s insurance company. If this is the case, great. However, this is rarely the case. You may have to fight the insurance company to get your claim paid. This is why you need a wrongful death attorney in Smyrna. He will negotiate with the insurance company and try to get you a fair settlement. If this isn’t possible, he’ll file a wrongful death suit on your behalf.
You would think the defendant or his insurance company would want to resolve the matter quickly and quietly. Sometimes, it’s a matter of proof. They may truly believe that the defendant is not at fault.
Smyrna wrongful death attorneys know how to prove the elements of your case. They also know how to present your case to a judge or jury. 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 us 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. In this type of case, you pay nothing until you win your case.
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