Losing a loved one due to another person’s negligence or malicious action can be devastating. When your family is faced with this grief, you deserve full and fair compensation in all ways possible from those at fault. At Joel Thrift Law LLC, our team of trusted, experienced, and proven Sandy Springs personal injury attorneys can help. Reach out to our Sandy Springs wrongful death lawyers for immediate help navigating the legal complications you are facing right now.
Determining if Your Case Is Wrongful Death
The first and primary step necessary is to meet with our wrongful death attorneys in Sandy Springs to discuss what happened and why you believe it was a wrongful death. With the help of our attorneys, we can determine if we believe you have a case. To prove wrongful death, we must ensure the following occurred:
- Duty of care: The person, business, or other party owed your family member some level of care, meaning they could have assumed they were safe or protected.
- Breaching of duty of care: That person or business in some way breached that duty of care, meaning they exposed your family member to some type of risk that they should not have.
- The breach led to the death: The next step is showing that the breach of that duty of care directly caused the death.
- Your family member suffered loss: In this situation, we must show that the wrongful death was caused by that breaching of duty, meaning whatever occurred led to your family member’s death.
Proving wrongful death takes insight into the legal system and a comprehensive level of experience in navigating these challenging areas of the law. Our Sandy Springs wrongful death attorneys have extensive experience supporting clients through this entire process, including obtaining all necessary evidence and fighting for their full and fair compensation. If you lost your family member due to the fault of another person, it is time to turn to a team that can help you.
Common Causes of Wrongful Death in Sandy Springs
Many factors can lead to a wrongful death claim. As your Sandy Springs wrongful death attorney, we will guide you in determining what specific factors led to this loss and who is responsible. Even if you are unsure that you have a claim, we encourage you to reach out to us for immediate help.
To file a wrongful death claim in Sandy Springs, you must be a representative of the estate or a close family member. Often, family members may be unsure if they want to move to file such a claim, but know that even if you are not confident at this point, we are happy to speak to you. At Joel Thrift Law LLC, we have worked with families who have suffered incredible losses through the negligence and recklessness of other people.
The following are some examples of the types of wrongful death cases we take on:
Motor Vehicle Accidents
Car, truck, bus, and motorcycle accidents are some of the most common causes of death among innocent people. Any person who gets behind the wheel of a vehicle or employs a driver is creating a duty of care for every other driver on the road with them. If they failed to keep your family member safe, and your family member died as a result of a car accident, they could be held liable for those losses.
Medical malpractice
Doctors establish a duty of care when they agree to provide care to a patient, and that means they follow best practices and expected levels of care to meet a patient’s needs. Our wrongful death attorneys in Sandy Springs consistently work with clients facing devastating outcomes when this does not happen and results in a medical malpractice case. That includes deaths due to improper medication, the wrong use of treatment, delayed diagnosis, or failure to treat according to the standards that others would expect.
Nursing Home Negligence
Nursing homes establish a duty of care to keep a person safe and healthy when they cannot do this for themselves. If they fail to do so due to providing improper care, exposing a person to preventable risks, or treating them in an unfair manner, and that leads to death, they should be held responsible for their actions. A wrongful death lawyer in Sandy Springs can help you explore what occurred in that nursing home, long-term care center, or hospice location that failed your loved one.
Workplace Accidents
Employers are obligated to provide a high level of safety for their employees, and if they fail to do so in any way, they may be responsible for the losses they cause, including death. A workplace death can be complicated because many people do not realize they have the right to seek compensation outside of workers’ compensation claims. Let our wrongful death attorneys help you determine the next steps in your family member’s case.
Premise Liability Losses
If your family member visited a commercial or residential location and suffered serious injuries that led to their death, the property owner may be responsible for what occurred. This could include falls from heights, exposure to toxins, or injury from animals. Proving premises liability means ensuring that your family member should have been at the property at that time and that they could have expected to be safe.
Product Liability Claims
There are some situations where a product purchased or used fails to provide the expected level of service and can lead to a person’s death. This may happen if the product was designed or manufactured in an inferior manner or used improperly. A wrongful death attorney in Sandy Springs can give you more insight into whether a product liability claim applies to your situation.
Determining if You Can File a Wrongful Death Claim in Georgia
One of the steps our Sandy Springs attorneys will take with you is determining if you have the legal right to file a claim for the loss of your family member. Not just anyone can do so, but only those who meet specific qualifications. The following are some examples of those who may be able to file such a claim:
- A representative of the estate
- The surviving spouse
- The surviving children or, if the child is under 18, a guardian for those children
- A parent of the person who died
- A sibling of the person who died
In addition, you may be able to file a claim for wrongful death if you can prove that you were dependent financially or otherwise on the person at the time of their death. For example, if a step-child is living in the home that the deceased step-parent supported financially, the step-child may be eligible to file a claim. The key is proving that there is an established dependence on the individual who died.
Act Before the Statute of Limitations Applies in Your Case
Under Georgia law regarding wrongful death, victims have the right to pursue financial compensation if their family member dies as a result of another person’s negligence or recklessness. However, you absolutely must do so in a timely manner. Under Georgia’s statute of limitations, you have two years in which to take legal action to file a claim.
It is possible that this could be delayed under some circumstances. For example, if there are pending criminal actions against a person, it may be possible to wait until after that case to pursue a civil legal matter. In all situations, you should not wait, but you should reach out to our attorneys immediately.
Working with a Sandy Springs, GA, wrongful death attorney enables you to get the legal support you need right away. It allows our team to begin finding the evidence to support your claim while also ensuring witnesses are available. We encourage you to reach out to us immediately to ensure you have ample time to get the support you need.
What to Expect in Wrongful Death Damages
One of the most common questions people have is why they should pursue financial compensation through wrongful death claims when they are suffering so badly with grief and devastation. There are numerous benefits to doing so, including holding those who caused this pain responsible and ensuring you receive compensation to help your family recover from their overwhelming loss.
The amount and type of compensation you are owed in any wrongful death claim depend on numerous factors, including the type of accident, the underlying cause, and the acts that led to it. Our attorneys will help you navigate all areas of loss possible to ensure we file a maximum claim for your losses.
Georgia law states that the recovery of damages from a family member’s death is measured by the full value of their life. This means that the jury must determine the full value of your family member’s life based on what would have occurred had they not died. Some of the ways you may receive compensation include the following:
The Economic Value of a Person’s Life – Tangible Losses
It may seem impossible to put a value on a person’s life, but to do so, the court requires this step. It is a method of determining how much a person is likely to have earned if they did die. The following factors are considered in this process:
- The current and future earning potential of that person based on their employment
- The current and future earning potential of that person for all investments and securities (this can include life insurance policies, pensions, and earnings from accounts)
- All other tangible activities they participated in, including providing care to your child, providing physical support, maintaining activities and daily chores, and otherwise
To determine these losses in a wrongful death claim, we must look at what evidence is present to support these claims. The more information we can produce, the more likely it is for us to be able to create a comprehensive understanding of the tangible losses this death has caused to you and other family members.
The Intangible Value of Life
This type of claim is more complex and harder to put an actual dollar amount on, but it can be critical in helping you to move forward with your life after such a loss. The intangible value of life requires taking into consideration all aspects of a person’s life in which they impacted others. Some examples of these often subjective claims include:
- Emotional contributions to a child or other close family member
- Quality time spent with family members
- Guidance, comfort, and care provided to children and a spouse or partner
- Efforts to support various activities within the community
- Losses related to factors like life achievements, including giving birth or graduating from school
- Participation in life and enjoyment in doing so
These intangible types of loss can be challenging to navigate without the help of a trusted and dedicated wrongful death attorney. Our team is ready to help you. We offer comprehensive support and guidance to our clients so they never have to wonder if they did everything they could to pursue a fair level of compensation. Before you make a decision, contact us.
There Is No Cost to Contact Our Wrongful Death Attorneys
Filing a wrongful death claim in Sandy Springs is a big decision for many reasons, but speaking to our legal team and getting insight into your options should not be a hard decision. That is because we do not charge you anything for speaking to us. We will answer your questions and guide you.
If you do not secure a settlement for your wrongful death claim, you owe us nothing for our services. This eliminates any risk that you have to pay us even if you are not getting the funds you need. We encourage you to reach out to us to start the conversation and learn about your legal options.
Schedule a Free Consultation Now
Our Sandy Springs wrongful death lawyers at Joel Thrift Law LLC are ready to help. Call our office to get the answers you need at a free consultation.