Loganville, GA Wrongful Death Lawyer
Losing a loved one in an accident is something that no one should have to deal with. At Benton and Benton, our wrongful death lawyers want justice served for the damage that happened in the accident. Not only is there grief that is associated with a wrongful death, but the expenses that are incurred can be very overwhelming. Filing a wrongful death claim could help ease the financial burden of the accident. We want to help you through these tough times to receive the compensation that you deserve. We will fight with you every step of the way.
What is a Wrongful Death Claim?
Wrongful death claims are unlike any other claims. Unlike other claims, people will not be charged and have to go to jail. Rather, the responsible party will have to be in charge of compensation. One can file a wrongful death claim when there is a loss during an accident that leaves the family with substantial financial loss due to the accident. They can file if there was negligence or misconduct from another person that causes an accident, which ultimately results in a death. In order to have a successful and strong case for your wrongful death case, there are a few elements that will need to be investigated before or during the investigation.
Cause
There has to be some sort of proof that the death was in fact caused by recklessness or negligence on the part of the responsible party. Often, the autopsy can show how exactly the accident caused the death. The most important thing, however, is to clearly show the way that the accident resulted in the death of your loved one.
Damages
There is clearly damage done when there is a loss of a loved one. But once again, if you want to have a successful case, there has to be proof that there was damage done to the family, or even suffering to the victim before their death. These damages help the jury make a decision on the amount of compensation that should be awarded. Some damages that could be incurred are medical expenses, funeral expenses, or household and home loss. Other damages that are non-economical could include the joys of parenting, marriage, hobbies, or anything else that the deceased enjoyed.
Duty
When there is a wrongful death lawsuit, there is a party who is responsible for the death. There also has to be someone who has a duty to protect the other person. The defendant must have had a duty to the deceased. Examples of this may include a driver having a duty to stay awake while driving, a doctor having the duty to be fully qualified in their work or even the duty of an employer to have a safe work environment where employees will be safe.
Neglect
There has to be proof that the wrongful death was a result of negligence on the part of the responsible party. Neglect is often referred to carelessness, recklessness, or just not giving any consideration to the safety of those around them. Most often, these cases are a result of negligence and not necessarily the intention to kill. However, due to the recklessness of the actions of the responsible party, there still was a wrongful death that happened due to their carelessness.
What Damages Can be Recovered?
According to Georgia law, you are entitled to the full value of the deceased. You may be wondering how one can put a value on someone’s life. This is done in two different ways. There is an economic method that is used, but also a non-economic method that is used to determine the full value of the deceased.
Economic Value
When someone loses their life in an accident, there is money that is lost. This number is determined on the projected amount of money that the person would have made in their lifetime. This can be calculated by determining the life expectancy of the deceased if there had not been an accident. The final result will be the amount of money that would have been earned by the deceased if the accident had not occurred.
Non-Economic Value
The non-economic value of a person’s life is the things that money cannot buy you. This is often considered to be the joys that are brought to you from parenthood, marriage, hobbies, vacations, and all of the other things that the deceased enjoyed. There is no easy way to put a value on these things, as they cannot be bought, only felt. However, this number is decided upon by the judge and jury so that you will receive some compensation for the joys that were lost due to a wrongful death.
Why Benton & Benton?
We know how devastating it is when you lose a loved one in an accident, and we want to help you get justice for all that you lost. At Benton & Benton, we are passionate about helping you get the compensation that you deserve. Our lawyers are very well experienced in the field and have what it takes to help you win your case. We are willing and able to put in the time and work to relentlessly fight for you so that you can get the justice that you deserve.
Contact Us
If you have lost a loved one in an accident, contact us so that we can get started on giving you the justice that you deserve. Contact us today to get a free consultation on your case. We look forward to working with you.
