K & W Legal : 3 Misconceptions About Wrongful Death Cases

As experienced attorneys in Atlanta , we are aware that wrongful death lawsuits are often misunderstood. Several common misconceptions regarding wrongful death litigation exist. 

Our experienced attorneys at Krause and Witcher based in Atlanta , Georgia represent clients in cases involving wrongful death all over Georgia, especially in the Alpharetta area. 

Our Atlanta Wrongful Death Attorneys want to expose the common misconceptions about wrongful death litigation, including the following:

-- There cannot be a wrongful death lawsuit if the negligent party is brought up on criminal charges. This is not true. Many people believe that if the person or people responsible for a loved one’s death faces criminal charges, a wrongful death suit cannot also occur. A wrongful death lawsuit is filed in civil court and therefore not dependent on or impacted by criminal court proceedings. Either way, a person should always seek advise from a wrongful death attorney about the case at hand.

-- The insurance company will provide a fair settlement. This is not always true, especially if death is involved in the accident – considering these cases are more complex with all the losses involved. It may seem like a good idea to trust the insurance company to do the right thing, but in fact it is not. In reality, the insurance company’s goal is to provide a quick settlement that is in their client’s best interest. A qualified wrongful death law firm offers the best chance for you to receive a fair settlement in a wrongful death claim. The earlier you decide to contact a wrongful death attorney, the better – especially if a number of other people or insurance companies are involved in the settlement.

-- A wrongful death lawyer is not necessary. This is perhaps the most damaging misconception surrounding wrongful death litigation. The laws pertaining to wrongful death in Georgia are quite complex and best interpreted by an experienced wrongful death lawyer. It is always a good choice to at least speak with a qualified wrongful death attorney before proceeding forward in your wrongful death situation.

If you want to read more about wrongful death and how our legal team at K & W Legal could help you, visit our web site at: KGWLegal.com .

If you or a family member has suffered from a possible wrongful death occurrence, contact a legal consultant NOW for your FREE consultation.

You can call the Georgia Wrongful Death Attorneys at Krause and Witcher TODAY at: (404) 835-8080.

We will fight for you!
--The K & W Legal Team

Family Awarded $1.5 Million in Medical Malpractice Wrongful Death Case

The Atlanta Wrongful Death Attorneys at Krause and Witcher, LLC have written before about the draconian “tort reform” laws enacted by the Georgia legislature in recent years.

Most Georgia citizens have no idea what their elected politicians have done to deprive them of their right to be made whole if injured or killed as a result of a doctor’s negligence. A recent case demonstrates what could happen in Georgia:

The Denton Record-Chronicle reports that a Denton County Texas jury has ordered a hospital, a doctor and a physician’s assistant to pay $3.5 million to the family of a woman who died of mis-diagnosed cancer. According to the article, the victim was 33 years old when she noticed a small bump on the right side on the crown of her head. She visited the doctor who told her that the bump was a sebaceous cyst, a non-malignant lesion.

A week later, the doctor’s PA removed the cyst and discarded it instead of sending it to a lab for testing. A year later it returned and the woman went to a different doctor. Fearing that it was a malignant sarcoma, the second doctor removed it and sent it off for testing. The test confirmed the suspected diagnosis and the woman died within a year.

The caps Texas has on awards in medical cases reduce the size of the award to $1.5 million. Given the fact that the married victim lost her life and left a husband, a two-year old and a nine-month old child behind, the $1.5 million her family will receive is pitifully small, and under Georgia law they would receive even less. Georgia law limits non-economic damages in a medical malpractice wrongful death case to $250,000.

Losing a loved one, especially as a result of a medical providers failure to properly and timely diagnose cancer, i.e. medical malpractice, is very difficult. The Atlanta Wrongful Death Attorneys at Krause and Witcher, LLC have years of experience pursuing wrongful death lawsuits and have helped many families all over Georgia, especially here in Atlanta.

If you have lost a loved one and feel you have a wrongful death claim, call our experienced attorneys at (404) 835-8080 for a FREE consultation. You can also drop by our office at 1447 Peachtree Street, Ste 414 Atlanta, GA 30309.

Our team of experienced attorneys is prepared to fight for you.--The K & W Legal Team

K & W Legal: Understanding the Basics of Wrongful Death Cases in GA

One of the most tragic events that can happen in someone’s life is losing a loved one, especially when it is unexpected. This situation is hard enough to deal with when it is due to natural causes but often times it can be caused by the negligent and careless conduct of

another party. 

When an unexpected death like this occurs, you may have legal rights that help you deal with the loss of your loved one. In many instances this is known as a wrongful death action .

Wrongful Death Basics:

 

The legal term " wrongful death " is defined as a death caused by a company’s or individual’s negligent, careless, or deliberate act.  Examples of this include:

- a death of a patient receiving the incorrect medication from a negligent doctor or nurse

- drunk driving accidents resulting in a death of another 

- a defective product that malfunctions and kills an individual.

Georgia’s Wrongful Death Act:

Georgia has adopted statutes establishing a cause of action for wrongful death. It was actually passed more than 100 years ago and has gone through a significant number of amendments.  Georgia’s Wrongful Death Act is codified in five code sections starting at O.C.G.A. 51-4-1.

Under Georgia law, the following causes can create legal grounds for wrongful death claims:

•             Intentional Homicide

•             Faulty Construction

•             Contaminated Food

•             Medical Malpractice

•             Drunk Driving

•             Careless/Negligent Conduct

•             Dangerous/Defective Products

•             Illegal and/or Improper Service of Alcohol

•             Dangerous Medical Devices

•             Nursing Home Abuse and/or Neglect

•             Engineering Malpractice

•             Criminal and/or Unlawful Acts

•             Unsafe Prescription Drugs

Who is entitled to recover for the loss of a loved one?

Under Georgia law, the spouse of the decedent is entitled to file a claim of wrongful death .  If there is no spouse, the decedent’s children have the right to recovery.  If there is no spouse or children, the decedent’s parents are entitled to recover for wrongful death.  If there is no spouse, children, or living parents, the administrator of the decedent’s estate has a right to pursue a claim for wrongful death .

If the spouse of the decedent pursues a claim and there is no Will, they are required to share a portion of the proceeds from any lawsuit for wrongful death with the children, according to Georgia law.

Georgia law does, however, generally guarantee the spouse will receive one-third of any recovery of damages for wrongful death .  If there is a minor child involved, the right to recovery is vested in the parent or legal guardian until the minor reaches the age of majority (generally 18 years of age).

What do entitled individuals have the right to recover?

In a Georgia Wrongful Death action, individuals are entitled to recover “the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived.”  This comes from O.C.G.A. 51-4-1.  Also, an individual or surviving family members may be entitled to pain and suffering damages, economic losses (medical or funeral expenses), and possible punitive damages.

The full value of life of the deceased may include:

• Compensation for the pain and suffering of the survivors
• Loss of future wages, which may include expected raises
• Loss of inheritance for children
• Funeral expenses
• Compensation for pain and suffering decedent felt prior to passing
• Loss of love and protection of a spouse, child, and/or parent
• Loss of benefits, which includes retirement benefits
• Emotional Distress
• Sometimes punitive damages to punish wrongdoers if available and appropriate

       

Georgia’s Wrongful Death Statute of Limitations:

A statute of limitations is the given time period during which a legal action can be made.  If the time period ends, it is a complete bar to any recovery if your case is not completely settled, or the lawsuit is not filed and served on the appropriate parties prior to this date.  Generally speaking, Georgia has a statute of limitations of two years with wrongful death lawsuits.  The statute begins to run on the date of death.

Wrongful death cases can be extremely difficult to understand, complex and challenging.  If you have experienced a tragic death of a loved one, you may want to consider contacting our Georgia wrongful death attorneys at Krause and Witcher LLCto see how we can help. 

All inquires are kept strictly confidential and initial consultations are FREE.

Fill out our CaseEvaluation Form or call us today at (404) 835-8080.

We will fight for YOU. 

--The K & W Legal Team