Wrongful death can be something so very hard to deal with. Those that have a loved one or a family member that has passed away as a result of a wrongful death can have so much to handle that they may not know how to react. With the help of wrongful death attorney Matt Stoddard, you can get the help you need to move forward and to start healing after the death.
What is a Wrongful Death?
Wrongful death in the state of Georgia is considered a death that was the result of a crime, negligence, both criminal and other, or from any property that might have caused the death This could be something that was manufactured wrong and therefore caused the death, or that caused some very serious injury that then led to death.
This could be any number of things. It is always helpful to have an example to look at to help better understand the concept. Say you were in a vehicle with someone. You agreed to get into the vehicle with the expectation that you are going to be able to get to where you are going in one piece and safely without injury.
Now, say the driver is driving recklessly, they are speeding, they are weaving in and out of traffic, they are tailgating and you get into an accident. You then sustain injuries that end in your death. This is a wrongful death as the negligence of the person that was driving is what resulted in your death. Wrongful death is a bigger cause of death than you might imagine. Talking with a lawyer can help you determine if you have a case or not, and if you should move forward by filing a case.
How Does an Attorney Prove Wrongful Death?
The first step in proving wrongful death is to prove that the person that caused the death had some duty of care to the person that passed. This is to make sure that the right person takes responsibility and that the right person is punished for the death. A duty of care is a duty to ensure that all persons involved come out on the other side safe and uninjured.
Someone that has a duty of care could be an employer to their employees, it is their duty to make sure they are safe at work, a driver has a duty of care to their passengers, a store owner has a duty of care to their customers and patrons, and so on. The second part of the wrongful death suit is to prove that the duty of care was breached.
This means proving that it was the fault of the person that held the duty of care did not uphold it. Again, looking at an example, an employer that is supposed to keep their employees safe but fails to do so is in breach of their duty of care. The next component of a wrongful death suit is the causation. This is the actual evet. This means that your attorney or the attorney that is working on the case has to be able to prove that the accident or the breach of duty of care is what caused the death.
This means that they are going to have to prove that the accident or the breach is what caused the death and not something that you did or did not do that could have changed the outcome. An example would be that you were out with a friend and you knew that the friend was drinking but you still got into the car with them. You knew that they were not able to safely drive, but you still got into the car making the accident your fault to some extent.
The last thing that the attorney is going to need to do is to prove damages. This is going to be to prove that the death justifies the damages that are being sought. Say you had children that were left without a parent after the death. The settlement will likely include money to help take care of the children after the death of the parent and to ensure that the children and the spouse that are left behind are cared for.
A great lawyer is a must and is going to be able to help you get a settlement that is actually going to make a difference and that is actually going to help you figure out what is going on and how to move forward.
What Money Might a Settlement Include?
A wrongful death settlement is going to have a few different parts that all come together to make the settlement. The first is going to be any bills or costs that came from the event and from the death. Things like any hospital bills that needed to be paid, any damages that the deceased might owe and so on. This is going to help you figure out what to do about any lasting debts that might be present.
The next part of any wrongful death settlement is going to be costs associated with things like burial and funeral that you might want to have for the deceased. These settlements also often include money to help cover the home cost and upkeeping the home after the person has passed, cost that is associated with supporting people that were dependents on the person that has passed, and any other monies that are needed to make up for the loss of that person.
Though money is not going to bring them back, it can help figuring out what your next step is a bit easier. Not having to worry about how you are going to pay for the funeral or how you are going to pay the mortgage is going to make it easier to grieve and easier to move on and start to heal after the death of a loved one.
A wrongful death suit is a must, it can make a huge difference in the life of the people that are left behind and it can leave a huge hole that is impossible to fill. A settlement is surely not going to turn back time, but it can make living without the person that you care about a little bit easier and it can make it possible to stop worrying so much and to truly start to heal and make a difference in your life. Holding those that are responsible for a wrongful death accountable is a must, and a lawsuit can surely help.