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rongful death
Wrongful Death Attorney In Dalton, GA
Have You Lost a Loved One Due To Someone Else’s Negligence?
Call us today for help!
Wrongful Death Attorney, Joshua J. Smith
If a loved one has died due to an accident or some negligent action, it is devastating to those left behind. Emotional pain is just the beginning. You may suffer financial loss that a life insurance policy, if life insurance was available at all, cannot cover. If the person who died was the family’s primary breadwinner, suddenly losing your home or wondering how to provide food becomes the reality you are facing.
In the beginning, you may feel helpless. But then you want justice for your loved one who didn’t have to die, and your loved one would not want you to be ruined by their death. Your next step is to call Joshua J. Smith, Attorney at Law, to discuss your case.
What Does “Wrongful Death” Mean?
A wrongful death is one that was caused by another person’s negligence. Whether the person acted negligently or willfully reckless, failing to act in a way that would have prevented the death of another may result in being responsible for that death.
A claim for wrongful death is filed on behalf of a deceased person. It is a personal injury claim usually filed by a surviving family member, such as a spouse or child. You need to illustrate that their death resulted in damages to their survivors.
Wrongful death can result from many types of accidents, including:
- Traffic accidents—car, big truck, motorcycle, bicycle, pedestrian
- Car accident with a DUI driver
- Workplace accidents
- Defective products
- Slip and fall accidents
- Medical malpractice
- Nursing home abuse
- Dog bites/animal attacks
- Criminal assaults and attacks
Wrongful death is a civil case in which a plaintiff is asking for compensation for losses. It is different than a criminal case, such as a DUI or assault, though the person causing the death may certainly be additionally charged criminally for their actions.
Proving Wrongful Death In Georgia
One of the first things you want to know and what we, as your attorney, will work to discover is what happened. Depending on the circumstances, a wrongful death case may need investigation to determine fault and establish accountability.
To prove negligence in a wrongful death claim, we must prove four elements:
- The defendant owed a duty of care to the deceased
- The defendant breached that duty of care when they acted negligently, causing the accident
- The negligent party was directly responsible for the injuries that resulted in the death
- The deceased’s survivors (family) suffered losses as a result of the death
The survivor will also need to show that had the deceased person lived, they would have been entitled to file their own personal injury claim.
Recovering Damages and Compensation
We know that no amount of money can bring back your loved one. But recovering economic and non-economic damages will help: 1) to get you the funds you need to handle the deceased’s affairs and 2) to obtain money to take care of you and your family going forward.
It will also hold the other party accountable for their actions and allow you to get justice for your loved one. This is especially important for families who have lost someone due to recklessness, such as drunk driving or assault with a deadly weapon.
Compensation such as:
- Economic:
- Accident-related medical expenses until the time of death
- Funeral/burial/final expenses
- Lost wages
- Lifetime lost wages
- A full life of the decedent
- Non-economic:
- Pain and suffering, from the time of the accident until the time of death
- Loss of consortium (love, companionship)
- Other punitive damages
These are just some of the things you can seek compensation for after your loved one’s untimely death. Let Joshua J. Smith handle your wrongful death claim to get the maximum compensation available.
Deadline for Filing
Georgia’s statute of limitations only allows two years from the date of the person’s death for a loved one to file a wrongful death claim. Note that this is different than a personal injury claim, where the statute of limitations starts on the day of the accident. In this case, the wrongful death claim two-year period starts the day that the person dies, not the day of the accident, or the day they went into the hospital.
If you attempt to file the claim after the two-year period is over, with rare exceptions, your case will be dismissed. That’s why you should speak with Joshua J. Smith, Attorney at Law, as soon as possible to preserve your rights and learn about your options.
Let Joshua J. Smith Help You with A Wrongful Death Claim
We will handle the entire case for you from start to finish, including:
- Locating and gathering evidence to show who was responsible for the accident, and the resulting damages
- Handling the claim, including filing documents,
- Discussions and negotiations with insurance companies on your behalf
- Taking the case to trial on your behalf in the event that an insurance company or other party refuses to offer a fair settlement
We at Joshua J. Smith, Attorney at Law, understand that this type of loss is very difficult, and we will take the care and time to work for you and your family.
As a longtime personal injury attorney, Joshua J. Smith is experienced with such cases. He can help you navigate the complex legal process of a wrongful death claim in Georgia.
Call Joshua J. Smith, Attorney At Law, at 706-217-2095 or send a message through our website’s contact form. We offer free consultations for wrongful death and all types of personal injury cases.
