Wrongful Death Attorney Dekalb County GA
What Does a Wrongful Death Claim Consist Of?
When a person dies due to another party’s negligence, the family members of the decedent may have grounds for a wrongful death case. Accidents that can result in wrongful death may include car accidents, slip and fall accidents, medical malpractice, or work accidents. If wrongful death can be proven, the family is entitled to recover compensation from the negligent party for losses and damages incurred by their loved one’s death.
Some laws regarding wrongful death cases vary by states, so it is imperative to speak with an experienced wrongful death attorney in Dekalb County GA for specific information. In most states, however, the guidelines for the burden of proof and damages are fairly general.
What Must Be Proven in a Wrongful Death Case
A successful wrongful death claim in Dekalb County GA must provide proof of the following elements:
- Duty of Care: It must be proven that the defendant owed the decedent a duty of care. For example, drivers have a duty to obey traffic laws to maintain safety for all drivers on the road, and doctors have a duty to provide a standard of care to their patients.
- Breach of Duty of Care: It must be proven that the defendant breached their duty of care. For example, the defendant was texting or driving recklessly, or a doctor carelessly administered the improper treatment to a patient.
- Causation: It must be proven that the duty of care being breached was the direct cause of the decedent’s death.
Damages: It must be proven that the surviving family members suffered damages caused by the wrongful death.
A large percentage of wrongful death claims are made from unintentional accidents. However, many families also contact a wrongful death attorney after a loved one has passed away due to another person’s violent actions. Wrongful death claims are made through civil court — not criminal court — but they still may give the family a sense of justice after a loved one’s untimely passing.
Common Types of Damages
Some of the most common damages that surviving family members can claim in a wrongful death case include:
· Medical bills
· Funeral and burial expenses
· Loss of current and future wages and benefits
· Loss of services
· Financial assistance
· Prospective inheritance
· Pain and suffering
· Loss of consortium
· Emotional distress
The Importance of Hiring a Wrongful Death Attorney in Dekalb County GA
A wrongful death case often involves many complexities and can be difficult to navigate. This can add stress to an already devastating situation. Hiring a wrongful death attorney Dekalb County GA families trust can help alleviate some of the stress associated with the case so that you and your family are able to grieve properly. Having an experienced attorney is also imperative to winning a wrongful death case. Your wrongful death attorney should be able to help you build a strong case and negotiate settlement offers with the defendant’s insurance company.
To schedule a free consultation with a Dekalb County GA wrongful death attorney, please contact Andrew R. Lynch, P.C. today.