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HOW DOES A GEORGIA WRONGFUL DEATH CLAIM WORK?
WHAT CAN A
WRONGFUL DEATH ATTORNEY DO?
A lawyer can help you get the compensation your family is entitled to after the wrongful death of a loved one. In the state of Georgia, your family may be entitled to:
Top 5 Questions About
Georgia Wrongful Death Claims
There is no easy way to determine whether or not your family has a wrongful death claim. An experienced attorney can help navigate this process by learning the specifics about your case, as each case is different. It would be wise NOT to discuss the matter with the insurance company until you have spoken to a lawyer who has experience in wrongful death cases.
In Georgia, one thing that must be established is to prove that the other party’s actions are connected to the victim’s death or injuries.
Example: You are sitting at a red light, and the driver behind you fails to use the breaks and rear-ends your vehicle. There is an apparent connection between the driver’s actions (failing to use the breaks and rear-ending you) and the injuries that result from that accident. Once a “causal connection” between the driver’s negligence and your injury is established, you then may be able to pursue a claim against the other driver for your injuries.
For many people who have suffered the loss in a fatal car accident, contacting an attorney is probably the furthest thing from their mind. The shock and overwhelming feelings of grief can be paralyzing for a family, and rightly so.
But after the initial shock, a family will realize some needs must be fulfilled, such as:
- How will you pay for funeral expenses or medical bills?
- Who will care for the children while you’re at work, or grieving?
- How will you make ends meet after the financial loss?
Some people fear that pursuing a wrongful death claim will mean they are focusing on the wrong things rather than focusing on the memories of a loved one. In reality, delegating to an attorney to focus on your case and legal needs allows you to focus on healing.
Everyone copes with painful experiences differently. Some recommendations from Attorney James Murphy’s free book may help you through your pain as you treasure the memory of your loved ones.
Attorney James Murphy has published a book called “Counseling Loved Ones of Fatal Accidents – Dealing with the Grief of Wrongful Death. “His book includes a list of ideas and recommendations from the University of Texas at Austin’s Counseling and Mental Health Care website. You can order the book above for FREE.
No amount of money could ever replace the loss of a loved one or truly compensate for the pain and suffering experienced after a fatal accident. Yet, specific actions often need to be taken to ease the financial situation of surviving family members so that they can focus on healing. A Fatal Accident/Wrongful Death Attorney Can Help You Get Compensation for:
- Pain and Suffering
- Loss of Companionship
- Loss of Earnings
- Financial Losses Incurred Due to Loss (Present and Future)
- Medical Bills / Expenses
- Funeral and Burial Expenses
- Other Expenses Related to Loss
A wrongful death lawsuit can be filed by a personal representative of the surviving family members. This means that a selected person may file a claim on behalf of a fatal accident victim’s estate.
ABOUT WRONGFUL DEATH CLAIMS
Losing a loved one due to someone else’s actions is a tragic experience. When a beloved family member is suddenly gone, the suffering and feelings of grief and loss can be overwhelming. No one is ever prepared for such a devastating event. When this type of tragedy strikes, you may need the assistance of a Georgia wrongful death attorney.
When the spouse, parent, sibling or other relative of a wrongful death victim contacts our office, we understand that you are going through a challenging time. You have many questions:
Get the answers you need. Contact lawyer James Murphy at 770-577-3020 for a free consultation. James has a great deal of experience and expertise in fatal accident cases.
Though it may not be what a family wants to do, by contacting an attorney immediately, you can get help with:
- Preserving important evidence
- Taking photos of the accident scene
- Interviewing witnesses
- Referring to medical experts
Much evidence can get lost, even after a short time, and your wrongful death claim could take years to settle. Hiring an experienced attorney will also help to ensure your evidence is properly preserved, and your case receives the attention you deserve.
Murphy Law Firm handles wrongful death cases in Douglasville, GA, and surrounding areas. Call us at 770-577-3020 for a free consultation to have your questions answered, and get the help your family needs. There is absolutely no obligation.
If you believe that you have a wrongful death accident claim, it is crucial to seek the assistance of an attorney that has experience with wrongful death claims. There are items that you can collect in advance to speed up the process of filing your claim.
The following items are important to bring to your initial consultation, and they will help your attorney determine if you are qualified to file a wrongful death claim:
• Financial account information of the deceased
• Insurance policy information
• Social security number, military ID, driver’s license, and any other identification numbers
• Marriage certificate
• Deceased’s personal information. i.e. date & birthplace, names & aliases, address
• The will of the deceased
• Burial plot deeds and funeral arrangements
• If available, the death certificate of the deceased and the autopsy report
Although nothing can compensate for the tragic loss of a loved one, you can take measures to help your family as they try to recover from the indescribable pain of loss. Murphy Law Firm assists the families of accident victims after they have suffered a tragic loss due to the negligence of another person.
After a fatal car accident in Georgia, the burden of proof for filing a wrongful death claim with Georgia courts is comparable to any other personal injury case, and includes demonstrating the following:
- Other party’s actions or negligence caused the accident
- Injuries sustained from the accident resulted in the death of your loved one
- Quantifiable financial losses were sustained, such as the cost of medical and funeral expenses, and the future income of your loved one.
Your attorney will need to demonstrate that the evidence proves each of the above items. In civil cases, the burden of proof is lower than in criminal cases, where guilt must be proven beyond a reasonable doubt. In civil matters, it only needs to be demonstrated that it’s more than likely that the defendant was responsible for the wrongful death. While many civil lawsuits settle in pre-trial negotiations, some cases cannot resolve between parties and must go to a judge or jury for trial.
If someone you love lost their life in a car accident, you may find yourself consumed with grief. Are you unable to navigate the complicated legal process to secure your future? If doing stacks of paperwork is the furthest thing from your mind, find an attorney that you can trust to handle your claim. Attorney James Murphy will adequately prepare you for the next steps in your case. At Murphy Law Firm, we will do everything in our power to take the legal burden off your shoulders. We can handle the legal side of things for you while you focus on healing.
The most common defense arguments you and your lawyer may face for a wrongful death claim in Georgia include the following:
- That the defendant did not cause the collision, or that some other party or parties contributed to the accident equally
- That your loved one was not taking proper safety precautions at the time of the accident, such as wearing a seat belt or sitting in his or her seat properly
- That your vehicle lacked proper safety maintenance, which contributed to the consequences of the accident
- That your loved one failed to receive medical treatment that would have otherwise been life-saving
This is not an exclusive list of potential defenses in a wrongful death suit, but they are some of the most common. An experienced lawyer is prepared for these types of arguments. Your best chance to combat these arguments is to gather as much evidence and documentation as possible, including:
- Medical records
- Accident reports
- Eyewitness statements
While your attorney can’t undo the accident that took your loved one, he or she can fight to get you the compensation you need and deserve to provide for the cost of:
- Lost wages
- Pain and suffering
- Medical expenses
- Funeral costs
Trust your Georgia wrongful death claim to a lawyer who has handled cases like yours before and will treat you with compassion, respect, and attentiveness. Speak with a Georgia injury lawyer who understands the value of going that extra step. At Murphy Law Firm, our legal team is ready to answer your questions about Georgia Wrongful Death Claims. We make it a point to provide useful, free information so that you can make an educated decision about your claim.
When you lose a loved one in an accident, your family shouldn’t have to suffer this loss without answers. If the death was caused by the negligence of another party, like a drunk driver or an irresponsible medical professional – you deserve to get compensation through a Georgia wrongful death claim. When you are seeking this type of legal action, contact an injury attorney in the city of Douglasville, Georgia.
One of the first things your attorney will do is review your case of wrongful death to determine if a survival action claim can be filed. A survival action in a Georgia wrongful death claim is brought by the deceased’s estate, rather than the family.
This legal action seeks compensation for the victim themselves regarding their financial losses and the pain and suffering they experienced due to the accident. The “representative of the estate” brings this action and will act as the primary contact for legalities.
A survival action claim will include:
– medical expenses related to the accident
– hospital expenses from the fatal accident
– pain and suffering compensation if the deceased lived for some time between the accident and their death
Hit and run accidents cause thousands of deaths and injuries nationwide every year, and, unfortunately, many hit and run victims are never able to hold the responsible driver accountable. Families of Georgia Wrongful Death victims are left with expensive medical bills, funeral expenses, lost income, and emotional suffering. Although a victim may be able to get compensation under the uninsured motorist coverage of their car insurance policy, they must first meet all of its requirements concerning hit and run accidents, and even if the victim does qualify, the compensation may not be enough to cover all of their losses.
A driver who is involved in an accident in Georgia may flee the scene for a number of reasons, including: not having insurance, not having driver’s license, being under the influence of alcohol or drugs, or being afraid. Regardless of why the driver fled the scene, it is against the law.
So what steps can I take after a fatal hit and run accident in Georgia?
- Write down as much information about the incident as you can
- Record date, time, and location of the accident
- Check for any witnesses and get their contact information
- DON’T chase the hit and run driver, it can be very dangerous as you never know what they are thinking
- Call the police and file an accident report
- Contact an experienced hit and run accident attorney in Georgia
Counseling Loved Ones of Fatal Accidents
In your free copy of this book you will learn…