Looking for a wrongful death attorney in Smyrna? The Mabra Firm is here to help.
In 2018, 1,507 deaths resulted from traffic accidents in Georgia. This represents only a small fraction of potential cases for wrongful death.
Losing a loved one is never easy. Tending to your own grief while also fighting for justice in a wrongful death case is even harder.
If you intend to file a wrongful death claim on behalf of a loved one, don’t do it alone. It is in your best interest to work with a wrongful death lawyer in Smyrna.
The Mabra Firm specializes in helping victims of personal injury accidents and their families receive compensation and justice for their damages and losses.
Why is working with an experienced wrongful death attorney at The Mabra Firm beneficial? Read on to learn more about wrongful death claims and why hiring an attorney at The Mabra Firm should be your first step.
What Constitutes Wrongful Death?
First, let’s take a look at what counts as wrongful death. It’s important to distinguish deaths that result from accidents that are deemed no-fault and deaths that result from accidents that are deemed wrongful.
The key in a wrongful death case is that the accused owed the deceased a certain level of care and, due to negligence, failed to deliver that level of care. To gain more clarity, we’ll provide a few examples of some of the most common causes of wrongful death.
If your loved one was involved in a car accident and died during or because of the accident, you may have a wrongful death claim on your hands. Traffic fatalities may be considered wrongful death if another driver caused the accident by driving in a reckless or careless manner.
For example, they may have been texting while driving or under the influence of drugs or alcohol. Another common cause of wrongful death is medical malpractice.
Medical malpractice is perhaps more common than we realize. Medical malpractice occurs when a medical professional fails to provide reasonable care to a patient, and if this failure results in death, it may be cause for a wrongful death claim.
Surgery is the second most common reason for medical malpractice, following issues with a diagnosis. Another accident that can result in a wrongful death is in the workplace.
When you are employed by a business or individual, they are, to some degree, responsible for your safety. If a workplace accident results in death, it is worth examining the situation to determine if the death was wrongful.
Examples can include employers failing to provide proper protective gear, asking employees to perform knowingly dangerous tasks, failing to account for an employee’s disabilities when assigning work, and so forth. Below, we will examine how a wrongful death attorney can help you.
Why Should You Work With an Attorney on a Wrongful Death Claim?
Now that you have a general sense of what constitutes wrongful death, it’s time to look more closely at how these claims work. Why is it crucial that you work with an attorney when filing a wrongful death claim?
Proving Your Case in a Wrongful Death Claim Is Complicated
In order to establish wrongful death, you have to prove three things:
- That the accused owed the deceased a reasonable level of care and what that level of care was
- That the accused, due to their own negligent behaviors or actions, failed to provide that reasonable level of care
- That the failure to provide that reasonable level of care directly caused the death or conditions that led to the death of the deceased
Proving negligence isn’t always an easy thing to do. Oftentimes, you’re proving the absence of something (i.e. attentive driving or thorough medical care) rather than proving the presence of something. Recreating the incident and providing the necessary proof is something attorneys are familiar with but that most people are not.
Establishing Due Compensation Is Complicated
When you’re filing a wrongful death claim, the objective is to seek justice and to receive the compensation you are owed. Once again, quantifying how much you are owed due to the loss of a loved one is not always easy. Compensation can cover:
- Medical bills relating to the incident that led to your loved one’s death
- Costs associated with the funeral, burial, or memorial service for your loved one
- Lost income that was used to support any dependents your loved one had
- Additional compensation for emotional distress (which is often the most difficult to quantify monetarily)
In order to establish the amount of money you are owed, it is important to compile relevant documents. These can include things like medical bills, pay stubs, financial obligations that are no longer taken care of by the deceased’s income, and more.
In a wrongful death case, you should not handle it alone. The at-fault party will usually have attorneys representing them.
Insurance Companies are Armed With Their Own Attorneys
Typically, the accused’s insurance company is responsible for providing compensation in a wrongful death settlement. As you can imagine, insurance companies are armed with their own attorneys.
These attorneys typically have the primary objective of getting the plaintiff to agree to the lowest settlement possible, regardless of any emotional distress they create in the process.
Fighting a team of attorneys without an attorney of your own is not something any citizen should have to do. Before entering into any sort of communication with the accused or their insurance company, even the playing field.
Work with an experienced attorney who will not only provide you with proper legal guidance but will also keep your best interest at heart. Work with a personal injury firm with a high success rate like The Mabra Firm.
The Mabra Law Firm in Smyrna Is Here to Fight for You
If you have recently lost a loved one to a case of wrongful death, you don’t have to fight the battle for justice and compensation alone. Instead, work with The Mabra Firm.
The Mabra Firm represents families across Georgia who are filing personal injury claims, property damage claims, wrongful death claims, and more. If you believe you have a case, contact us today for a free consultation.