Losing a loved one is never easy. During this time, a family experiences great shock and immense sorrow due to the unexpected loss.
However, when a person dies because of another party’s negligent or intentional actions, the deceased’s family may be eligible to recover damages. A Dawsonville wrongful death lawyer could help a family pursue compensation and hold those responsible for the untimely death legally accountable. Contact Smith Hulsey today to discuss your unique case with a dedicated personal injury attorney.
In many respects, a wrongful death lawsuit is like any other suit alleging personal injury. In all personal injury suits that come about from an accident, the defendant must have had a responsibility to protect another person, and a failure to provide this protection resulted in damages or a loss. This concept is known as the legal theory of negligence. If the sufferer of the accident dies, the legal analysis remains the same. The plaintiff in the case must show that the defendant’s actions, or lack thereof, directly caused a premature death.
According to the Official Code of Georgia §51-4-1, a “homicide,” as it is termed in the statute, is any death of a human being that results from a crime, a negligent act, or defective property. For example, car accidents are a leading cause of untimely death in the state. All drivers have a duty to protect other motorists and people while on the road, and they assume this duty as soon as they get behind the wheel.
If a crash results in injuries so severe as to cause death, the driver is just as liable as they would be had the event only caused minor injuries. The plaintiff does not need to demonstrate any additional duties or breaches; they simply must establish that the accident caused the death. A Dawsonville premature passing attorney could help someone pursue their case that is the product of any negligent act or instance of violence.
In most cases alleging personal injury, a plaintiff makes a claim for the compensation required to get them back on their feet. For example, they may pursue damages that cover medical bills, property damage, and pain and suffering. However, when the injured person dies as a result of an intentional or negligent act, the calculations become more complex.
Any wrongful death lawsuit must determine the full value of the claim for past and future costs related to the death. This could include:
Further complicating matters is the fact that state law separates the compensation that family members may demand into two categories.
The first category demands compensation for the full value of the deceased person’s life. According to O.C.G.A. §51-4-2, family members use this concept to demand payment for lost parental guidance, lost spousal emotional support, and future lost earnings.
The second category allows a family to demand payments for economic losses that directly resulted from the death. This typically includes funeral costs, outstanding medical bills, and property damages that may have occurred in the incident. A Dawsonville untimely death attorney could further explain this complicated concept in an initial consultation.
Losing someone you love unexpectedly is devastating. The last thing on your mind may be pursuing legal action during this time. You should be able to heal in private with your family and friends. Let a Dawsonville wrongful death lawyer handle your case with compassion and diligence. They could examine the full facts of your case to identify all potential defendants, link their actions to the injuries, and help hold them responsible for their behavior.
Nothing can fill the gap left in a family by an untimely death, but a wrongful death lawsuit could bring financial stability back into your family’s lives. There is a strict time limit to file a claim in Dawsonville, so do not delay. As soon as you are ready, contact Smith Hulsey to get started.
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