Compassionate Representation for Families in Times of Grief
Losing a loved one is one of life’s most painful experiences, and when that loss is due to someone else’s negligence or misconduct, the grief can be overwhelming. In such situations, families are often left grappling with not only emotional trauma but also financial uncertainty.
At Horst Shewmaker, our Alpharetta wrongful death lawyers are dedicated to providing compassionate and effective legal support during this difficult time. We understand the immense burden you’re facing, and our Alpharetta wrongful death attorneys are here to help you seek justice and financial security.
What is a Wrongful Death Claim?
A wrongful death claim is a legal action brought by the surviving family members of a deceased person whose death was caused by the negligence, recklessness, or intentional misconduct of another party. In Georgia, wrongful death claims can be filed by specific family members, including the spouse, children, or parents of the deceased. If no such family members exist, the personal representative of the deceased’s estate may file the claim.
A wrongful death claim is a type of wrongful death lawsuit, which involves legal proceedings to seek justice and compensation for the loss caused by the wrongful act.
The purpose of a wrongful death claim is to seek compensation for the full value of the deceased’s life, as well as to recover damages associated with the death, such as medical bills, funeral expenses, and the emotional suffering of the surviving family members.
While no amount of money can truly compensate for the loss of a loved one, a successful wrongful death claim can help ease the financial burden and hold the responsible parties accountable.
Understanding the Elements of a Wrongful Death Claim
To succeed in a wrongful death claim, the plaintiff must prove several key elements:
Duty of Care: The plaintiff must show that the defendant owed a duty of care to the deceased. This duty varies depending on the circumstances but generally requires individuals and entities to act with reasonable care to prevent harm to others.
Breach of Duty: The plaintiff must demonstrate that the defendant breached this duty of care. A breach can occur through actions (such as reckless driving) or inactions (such as failing to maintain safe premises).
Causation: It must be proven that the defendant’s breach of duty directly caused the death of the loved one. This means establishing a clear link between the defendant’s conduct and the fatal incident.
Damages: The plaintiff must show that the death of their loved one resulted in measurable damages. This includes both economic damages, such as lost wages and medical expenses, and non-economic damages, such as pain and suffering and loss of companionship.
Proving a wrongful death claim involves similar elements to those in a personal injury claim.
Common Causes of Wrongful Death in Alpharetta
Wrongful deaths can arise from a variety of situations, and our attorneys at Horst Shewmaker have experience handling cases involving:
1. Car Accidents
Car accidents are one of the leading causes of wrongful death in Georgia. Whether due to reckless driving, speeding, distracted driving, or driving under the influence, fatal car accidents can leave families devastated.
Our attorneys have extensive experience in investigating the circumstances surrounding car accidents, gathering evidence, and holding negligent drivers accountable.
2. Medical Malpractice
Medical professionals have a duty to provide a standard of care that meets accepted medical practices. When a doctor, nurse, or healthcare provider fails to meet this standard, and their negligence leads to the death of a patient, they can be held liable for medical malpractice resulting in a wrongful death.
Medical malpractice cases can be complex and require thorough investigation and expert testimony to prove liability.
3. Workplace Accidents
Fatal workplace accidents can occur in various industries, particularly in construction, manufacturing, and other high-risk fields. Employers have a responsibility to maintain a safe working environment and to comply with safety regulations.
When they fail to do so, and a worker dies as a result, the employer or a third party may be held liable for wrongful death.
4. Defective Products
Manufacturers and distributors have a duty to ensure that the products they bring to market are safe for consumers. When a defective product causes a fatal injury, the responsible parties can be held accountable through a wrongful death claim.
Product liability cases often involve proving that a defect in design, manufacturing, or labeling directly led to the fatal incident.
5. Premises Liability
Property owners and managers have a duty to maintain their premises in a reasonably safe condition and to warn visitors of any known hazards. When they fail to do so, and a fatal accident occurs as a result, they may be held liable for wrongful death.
Common premises liability cases include slip and fall accidents, drownings, and fatal injuries caused by unsafe conditions.
The Full Value of the Life of the Deceased
In Georgia, the primary measure of damages in a wrongful death claim is the “full value of the life of the deceased.” This concept encompasses both economic and non-economic aspects of the deceased’s life, including:
- Economic Value: This includes the financial contributions the deceased would have made to their family, such as wages, benefits, and other forms of support. It also considers the loss of services, such as childcare, household maintenance, and other contributions the deceased provided.
- Non-Economic Value: This includes the intangible aspects of life, such as the deceased’s relationships, companionship, guidance, and the emotional support they provided to their loved ones. Non-economic damages also take into account the pain and suffering experienced by the surviving family members as a result of the loss.
Additional Damages in Wrongful Death Claims
In addition to the full value of the deceased’s life, surviving family members may also be entitled to recover damages for expenses and losses related to the death. These may include:
- Medical Expenses: If the deceased incurred medical expenses before their death as a result of the accident or injury, these costs can be recovered through a wrongful death claim. Timely medical treatment is crucial as it establishes a link between the incident and the injuries sustained.
- Funeral and Burial Expenses: The costs associated with funeral and burial services can also be recovered, alleviating some of the financial burdens on the family.
- Pain and Suffering: In some cases, surviving family members may be able to recover damages for the pain and suffering experienced by the deceased before their death.
- Punitive Damages: In cases where the defendant’s actions were particularly egregious or reckless, the court may award punitive damages. These are intended to punish the wrongdoer and deter similar conduct in the future.
How Horst Shewmaker Can Help
Pursuing a wrongful death claim can be a complex and emotionally taxing process. At Horst Shewmaker, our law firm is committed to providing compassionate and effective legal representation to families in Alpharetta who have lost a loved one due to someone else’s negligence.
Our experienced wrongful death attorneys will guide you through every step of the legal process, from investigating the circumstances of the death to building a strong case and negotiating with insurance companies.
Thorough Investigation
To build a compelling wrongful death case, personal injury attorneys must conduct a thorough investigation. Our team will gather evidence, interview witnesses, review medical records, and consult with experts to establish the cause of death and identify the responsible parties.
Compassionate Support
We understand that no amount of compensation can truly make up for the loss of a loved one. Our attorneys are here to provide not only legal guidance but also emotional support during this challenging time. We will handle the legal aspects of your case, allowing you to focus on grieving and healing.
Aggressive Advocacy
At Horst Shewmaker, our Alpharetta personal injury lawyer is dedicated to fighting for the rights of our clients. We will aggressively pursue the maximum compensation available under the law, whether through negotiation or litigation. Our goal is to ensure that your family is financially secure and that those responsible for your loss are held accountable.
No Upfront Fees
We believe that every family deserves access to quality legal representation, regardless of their financial situation.
That’s why we offer a free consultation and work on a contingency fee basis, meaning you pay no legal fees unless we win your case. This allows you to pursue justice without the added stress of financial strain.
Contact Our Alpharetta Wrongful Death Lawyers Today
If you have lost a loved one due to the negligence or wrongful actions of another, you don’t have to face this difficult time alone.
The wrongful death attorneys at Horst Shewmaker, including our experienced Alpharetta personal injury attorney, are here to help you seek justice and financial compensation for your loss.
Contact us today to schedule a free, confidential consultation. We will listen to your story, explain your legal options, and work tirelessly to achieve the best possible outcome for your family.
Your loved one’s legacy deserves to be honored, and we are here to help you do just that.
