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For decades, unintentional injuries and accidents were the third leading cause of death in the U.S. While the recent pandemic has shaken up traditional statistics, wrongful deaths are still the fourth leading cause of death.
This fact is pretty startling, and it reminds us that we should always be vigilant and aware of potential accident situations. One of the best things you can do is to take note of situations in which you’re relying on someone else’s behavior to stay safe.
What do you do if you have a loved one who was relying on someone else’s actions to keep them safe, and they ended up fatally injured in an accident? These types of situations are not only extremely devastating, but they can also cause you to experience a sudden windfall of financial losses as a result of the tragedy. You may have to assume the costs of the funeral, burial, medical bills, and more initially.
If you’re experiencing this type of scenario in Georgia, then the best thing you can do is consult with a wrongful death lawyer in Sandy Springs about what happened. Learn more about your legal options in this type of situation below.
What is a Wrongful Death Lawyer?
As mentioned above, millions of Americans pass away each year as a result of unintentional injuries and accidents. Not every one of these incidents gives rise to a legal wrongful death claim, though. For that reason, if your family has experienced a sudden and tragic loss in Georgia, then it makes the most sense to discuss what happened with a wrongful death law firm in Sandy Springs to learn more about your options.
In general, a wrongful death lawyer helps surviving loved ones of a fatally injured person seek out financial compensation for the losses they experience. After a fatality, these losses usually include things like the deceased’s medical bills prior to passing, burial costs, a loss of financial support from the deceased, and more.
How Can a Wrongful Death Lawyer Help You?
Before you go about filing a legal claim for financial compensation, though, you need to make sure that the legal basis necessary to file a claim exists in the situation. To figure that out, your best bet is to consult with a wrongful death lawyer about what happened. Your lawyer will go over the circumstances of the incident to find out whether the following factors are present:
- A duty to provide for the care of your loved one existed
- The other party failed to uphold that duty of care
- The breach in the duty of care caused your loved one’s accident
- The accident caused your loved one’s death
- Your loved one’s death led to specific damages
If these elements are present, then you can seek out a legal claim. The first thing your lawyer will do to help you is help you determine if these elements exist and whether it’s worth it to seek out a claim. If it is, then your lawyer can do a lot more for you including:
- Collecting the evidence necessary to file a legal claim
- Documenting your losses
- Filing the legal paperwork necessary to initiate a claim
- Negotiating with the other party or insurance adjusters
- Representing you in court
- Hiring experts to testify on the extent of your losses
Most importantly, a good lawyer will help handle the legalities of your case while you focus on what’s important – grieving your loss.
Types of Cases Handled by Wrongful Death Lawyers in Sandy Springs
Determining whether or not your loved one’s fatal accident gives rise to a legal claim will hinge on whether a legal duty to provide for your loved one’s care existed in the situation. Under the law here in Georgia, there are several types of accidents that could be handled by a wrongful death law firm in Sandy Springs. Below, we’ll go over some of the most common types of wrongful death claims.
One of the most common types of accidents that can lead to a fatality and a wrongful death claim is an auto accident. Nearly every car accident is caused by human error. Under the law in Georgia, every person who gets behind the wheel of a car automatically assumes a legal duty to provide for the care of other motorists and pedestrians. When a driver breaches this legal duty of care, then they’ll be considered negligent and at-fault for the crash. A few types of negligent driving behaviors include actions like:
- Driving while texting
- Distracted driving
- Driving while intoxicated
- Reckless driving like speeding or ignoring traffic lights
- Breaking traffic laws
If a driver displays negligence and causes a fatal accident, then you do have recourse under the law to pursue a wrongful death claim.
Another type of common wrongful death claim arises after truck accidents. If your loved one experienced a trucking crash here in Georgia, then it’s best to consult with a wrongful death lawyer in Sandy Springs as soon as you can. Not only will your losses likely be substantial, but it’s also important to consider that the trucking company has their own legal team, too. The trucking company’s legal team will work hard to minimize your losses and potentially derail your claim, so having a solid attorney by your side is crucial.
Another common type of wrongful death claim happens after a fatal motorcycle accident. Motorcycle crashes often lead to fatalities because a biker has much less protection than individuals who are riding around in cars. Even when a biker has the proper safety gear like a helmet and the right clothing, they can still sustain fatal injuries due to being thrust from their bike.
Medical malpractice wrongful death claims arise when a patient gets fatally injured by the action or inaction of a healthcare provider. Medical malpractice describes actions like:
- Failure to diagnose
- Failure to treat
- Surgical errors
- Prescription errors
- Birth injuries
- Anesthesia injuries
- Delayed diagnosis
Unfortunately, it’s extremely hard to identify medical malpractice when your loved one is a victim. If your loved one passed away while receiving questionable medical care, then it might be necessary to hire a lawyer to investigate what really happened.
Traumatic Brain Injuries
Traumatic brain injuries can happen after all kinds of accidents like car accidents, slip and falls, medical malpractice, or even intentional assaults. When TBIs prove fatal, the loved ones of the deceased can often seek out a wrongful death claim against the person or party who caused the injury.
Other Common Types of Fatal Personal Injury Claims
There are a few other situations where the law allows the loved ones of a fatally injured victim to seek out a wrongful death claim. For instance, fatal falls that happen at a business or at someone’s property might be covered under the law. You’ll also find coverage under the law if your loved one is fatally bitten by someone’s pet dog. A Sandy Springs wrongful death lawyer can help you determine whether your claim is legally covered.
The Responsible Parties in a Wrongful Death Case
A wrongful death lawyer will also help you identify the responsible party or parties to help you navigate your claim. Sometimes, the responsible party will be obvious. For instance, if your loved one’s surgeon caused the fatal injury during surgery due to being reckless, then the surgeon would be the responsible party. In other situations, though, the responsible party isn’t so obvious. For instance, a car accident with multiple cars and drivers involved might mean identifying which parties were mostly at fault. You may even have to pursue numerous claims against different parties and policies.
Negligent Party or Parties
In general, the negligent party will be the party that’s held financially liable for the losses in a wrongful death claim. The negligent party must have had a legal duty to provide for your loved one’s care and failed to uphold it.
While going through and attempting to identify who is at fault for the accident, you may have to also deal with multiple insurance companies. Sometimes, it might be in your best interests to speak with a wrongful death lawyer in Sandy Springs before talking to insurance companies. That’s because some insurance companies may attempt to get you to say something that can later be used against you, or they may preemptively attempt to get you to accept a settlement that’s far less than what you really deserve.
What to Look for When Hiring a Wrongful Death Attorney in Sandy Springs
Your loved one’s fatal accident in Georgia deserves to be investigated and treated with the utmost respect. With that in mind, the wrongful death attorney that you hire in Sandy Springs will make a difference. When you start to research what attorney to hire, look for the following factors:
- An attorney who specializes in wrongful death claims
- A lawyer with good reviews from past clients
- An attorney with reasonable past case results
- A wrongful death lawyer who is local to the Sandy Springs area
- A lawyer who has the time to take on your case
Contact our Sandy Springs Wrongful Death Law Firm
If you’re in the Sandy Springs area and you’re currently looking to hire an attorney, then we invite you to reach out to our office. Our legal team is confident that we exemplify all the positive attributes we’ve outlined above, and we strive to represent each one of our clients to the best of our ability.
After a tragic accident, it makes sense to feel angry and want to blame someone else for the incident. Don’t let your rightful emotions cloud your ability to make good legal decisions. Instead, let a wrongful death lawyer analyze the facts and circumstances around your crash. From there, your lawyer will be able to determine whether you have the basis to seek out a claim and whether it’s worth your effort to pursue one.
Are you ready to move forward and discuss your potential claim with an attorney? Contact our firm now to learn more about how we can help.
We can offer you the same service in case of wrongful death for two more locations:
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Car accident attorney
Sandy Springs automobile accidents attorney with over 30 years of experience. Contact us and we will find the best way out for you!
Personal Injury attorney
Sandy Springs personal injury attorney who fights aggressively to obtain 100% of the compensation available under the law. Get a free quote.
Truck accident attorney
Did you get involved in a truck accident in Georgia? Contact our Sandy Springs trucking accident attorney – we can help you with your case.