The negligence of another person or party may lead to your loved one getting seriously injured, or worse, dying. Whenever a wrongful death occurs, the grieving parties have the right to sue the negligent person or party for the wrongful death. While a lawsuit won’t bring your loved ones back or take away the emotional harm, it provides the grieving party with the financial cushioning they need for the funeral and other expenses.
An Athens wrongful death lawyer has the experience and resources needed to ensure you get the compensation and justice you deserve. You will need an attorney to help you through the complicated court processes and advise you on what to do.
What Makes a Death “Wrongful?”
In Athens, death is considered “wrongful” when a victim dies from another person’s negligent or unlawful actions or omissions.
It is also worth noting that some states define wrongful death laws differently. Thus, it can prove helpful to hire a professional Athens wrongful death attorney in your state who can guide you.
Knowing that the death of your loved one was preventable can leave you with immense grief, confusion, and anger. At Morris Bart, we understand that you will want answers and a sense of justice for your loved one’s wrongful death. Our firm strives to provide the answers you need and the justice you deserve.
For a free legal consultation with a Wrongful Death lawyer serving Athens, call (800) 537-8185
Elements that Prove a Wrongful Death Case
The key elements of wrongful death will determine the validity of your claim. You must prove all four elements to make a solid case.
For a wrongful death case to have a good chance of success, it must have the following elements:
Negligence
This refers to another person or party’s recklessness, carelessness, or misconduct that led to the accident. The defendant failed to exercise reasonable care to protect the wrongful death victim against the accident. You will need to prove negligence when filing a claim, or it may be unsuccessful.
Duty of Care
The defendant could have prevented the accident if they had acted reasonably. For example, if a doctor fails to take care of a patient by prescribing the wrong medicine that leads to the patient’s death, the doctor will be liable for the patient’s demise.
Proving duty of care without legal expertise can be challenging. An experienced Athens wrongful death lawyer like Morris Bart can help prove the person or party responsible for the wrongful death.
Causation
An experienced attorney should prove that the death resulted from the defendant’s breach of duty. The lawyer must prove that the defendant’s negligence led to your loved one’s death. Whether it was the doctor’s malpractice or the defendant’s distracted driving, you must prove that your loved one’s death resulted directly from the defendant’s actions.
Damages
The victim’s family will spend money on medical treatments, funeral expenses, and burial costs. Other damages may include the family’s pain and suffering, loss of protection, and loss of earnings. You will need a wrongful death attorney in Athens to gather and provide concrete evidence to help make your case stronger.
Common Causes of Wrongful Death You Can Sue for
What causes the negligent death will largely determine the success of your case and compensation. Drunk driving, inattentive driving, and other intentional acts that resulted in the victim’s death must be alleged clearly and concisely. Here are some common causes of wrongful death that we handle:
- Medical malpractice
- Car accidents
- Product defects
- Slip and fall accidents
- Birth injuries
- Pedestrian accidents
- Workplace injuries
- Premises accidents
- Occupational hazards
- Animal bites
There are several other wrongful death causes that an experienced lawyer can help you with. If you believe your loved one has wrongfully died, call Morris Bart for a free consultation..
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Examples of Recoverable Damages from Wrongful Death Cases in Athens
Your family and loved ones may also file a survival action against the defendant that yields compensation for the damages incurred by the deceased before passing. Examples of recoverable damages may include:
- Loss of income
- Funeral costs
- Loss of potential earnings
- Hospitalization and medical costs
- Emotional harm caused by a loved one’s passing
Who Can You Sue for Wrongful Death in Athens?
Hiring the right wrongful death lawyer in Athens guarantees that you file a complaint against the at-fault person or party whose actions or inactions resulted in the death of your loved one. Generally, you can file a wrongful death claim against practically anyone, including any person, company, or government entity that caused the victim’s death due to negligence or wrongful actions.
The Burden of Proof in a Wrongful Death Case
Meeting the burden of proof can be a long and complex process in a wrongful death lawsuit. A wrongful death attorney will gather all the critical evidence to prove the four elements of your claim to increase its success chances. This may involve bringing in expert professionals to analyze the data to help prove your wrongful death lawsuit.
Partner With an Athens Wrongful Death Lawyer Today
A Morris Bart wrongful death lawyer will provide you with the legal counsel and support you need to get your rightful compensatory damages. Do not let the wrongful death of your loved one go unpunished. Contact us to schedule a free consultation with our team today.
Questions?Call (800) 537-8185
to find a Morris Bart office near you.
