How to Know Whether You Have a Wrongful Death Claim

How do you know if you may actu--ally  have a wrongful death claim ?

Our attorneys at K & W Legal take a closer look at who can bring a claim and which claims can be brought against someone or a business--

The cause of action, according to " wrongful death in Georgia" was brought about by the legislature. This is sometimes referred to as a "statutory cause of action" or a claim that is governed by a "statutory scheme." 

In other words a claim must have a death caused by negligent, reckless, intentional or the criminal acts of another person or business. The accused wrongdoer in this situation may also be referred to as the "tortleasor" for the type of conduct to prove in court.

Since wrongful death in Georgia is governed by a statute, there is a strict statutory order with respect to who can bring the claim for the value of the deceased person's life.

A surviving spouse is typically the first one in line. If the deceased was not married the surviving children would be next in line for the claim. If there is no surviving spouse and children, the parents of the person who died become next in line. If there are no parents  then at this point the next qualified person to file a claim moves down to the estate executor, and any damages recovered will go to the next of kin.
Deadlines for Georgia Wrongful Death Claims (Statute of Limitations):
This statute provides any one eligible up to TWO YEARS from the date of the deceased's death to bring the claim.

Evidence:
In a wrongful death case pinpointing the burden of proof is the responsibility the Plaintiff, or the party bringing the claim. This is necessary in order to prove the element of his/her case by what our legal system calls, "a preponderance of evidence." In other words this imply means your proof of evidence must have a "greater and heavier weight" than that of the opposing party.

Damages:
Georgia's progressive wrongful death statute states that the value of a human life is to be viewed and valued from the perspective of the deceased. That means the awarding of damages by a judge to a wrongful death case will based on the value of a person's life to himself/herself. The victim's estate also holds the claim for any medical bills, conscious pain and suffering prior to death, PLUS the funeral expenses (all subject to state income taxes).

The "full value of the life of the deceased"  refers to the economic earnings the deceased would have been making throughout his lifetime.


The Process:
The person bringing a wrongful death claim will have to realistically expect to spend time talking to lawyers, gathering information or evidence from the victim's personal life, and possibly attending legal proceedings such as deposition hearings and trials.

Hiring the right attorney for claims like wrongful death is really the key to a smooth process for settling your claim. Experienced lawyers like those of us on the K & Legal team can provide realistic advice up front, based on merits and complexity of the case, as well as what a likely jury verdict would if litigated.

If you think you may have a wrongful death claim to file in the Atlanta metro area contact K & W Legal TODAY or visit our web site for more information: KGWLegal.com .

We can fulfill all your expectations from the start... and we'll provide you with the ongoing support you need throughout the entire process to ensure you have a successful outcome.

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

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K & W Legal : What Attorneys Seek in a Wrongful Death Lawsuit

Life can be lot of fun and fulfillment to enjoy, especially during these summer months, until something traumatic happens... resulting in a fatality.

When it is determined that someone is responsible for a the loss of a person's life, a wrongful death claim can be filed.

A wrongful death claim against a person who is allegedly liable because of a willful act, a wrongful act or plain negligence can be filed by:
- surviving relatives
- dependents or

- surviving beneficiaries 

Those who file a wrongful death claim may be entitled monetary compensation due to damages and loss of life.
Wrongful death law suits are typically filed in a civil court within the statute of limitations, which different from state to state and are governed by a personal civil injury cases.

Here's what attorneys typically seek in wrongful death lawsuit:

1. An immediate expense right after the victim's death (for hospitalization and funeral expenses)
2. The loss of the victim's anticipated earnings for the future until retirement or death
3. Loss of benefits caused by the victim's death
4. Loss of inheritance caused by the victim's untimely death
5. Pain and suffering, including mental anguish by the survivors
6. Loss of care, protection and companionship by the survivors
7. General and punitive damages

When filing this type of claim, wrongful death charges can not only be brought against responsible individuals. Claims can also be filed against public agencies, city or state departments, state prisons & county jails, state & private hospitals, schools, public companies, nursing homes, etc.

If you think you may be entitled to compensation for the recent loss of a loved one, contact the attorneys at K & W Legal TODAY.

We can provide you with the necessary information you need to begin the process of filing a claim.

For more information visit KGWLegal.com . We will fight for you! --The K & W Legal Team

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K & W Legal : 3 Basics of Wrongful Death Cases

Did you know?

Each year, more than 90,000 deaths occur from medical malpractice alone.
At K & W Legal we want you to fully understand your situation, so you know your rights as both an American and a potential victim of this type of situation. 

Here are 3 basic pieces of information you should know about wrongful death :


1) The legal definition of wrongful death .The phrase “wrongful death” generally refers to a lawsuit which is filed in civil court between the family of a victim and the person they believe to be responsible for the victim’s death. 

A wrongful death can be defined as either negligent or unjust, based on the actions of one (or more persons) leading to the death of another. 

For example, if the passenger of a motor vehicle is killed in an accident, the driver of the other car or even the car the passenger was riding in could be held responsible for wrongful death , depending on the cause of the accident. 

An example of an unjust wrongful death would be an act of violence or murder. Other examples of wrongful death include medical malpractice, product liability and workplace negligence.


2) The difference between wrongful death and negligence lawsuits .A wrongful death lawsuit is different from a negligence lawsuit because the latter is a case that is filed by the victim. Under common law, a deceased victim is unable to file a lawsuit against anyone, so a member of the victim’s immediate family is typically the person who files a wrongful death case. 

Both negligent and intentional acts could result in liability in wrongful death cases.


3) The main principle behind wrongful death cases . Although the laws surrounding wrongful death cases differ from state to state, they are all the same in principle: 

The accused party may have behaved in a way (or committed an act) that caused the victim’s death, or the defendant could have behaved in a negligent manner which led to the victim’s death. 

The victim's surviving spouse, family members or dependents in these situations are among those eligible for a monetary settlement. 

As far as settlements are concerned, those filing a wrongful death claim can generally be compensated for medical/funeral expenses, as well pain & suffering and loss of financial support.

If you think you may have a wrongful death claim based on an unfortunate incident that has recently happened to you, our experienced team of attorneys at K & W Legal can help.

We can provide you with all the necessary information as well as the support you need in order to recover from your loss.

For a FREE wrongful death consultation contact K & W Legal TODAY by visiting our web site at: KGWLegal.com .

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





References:
http://www.injuryinformation.com/accidents/wrongful-death.php
http://www.lawyershop.com/practice-areas/personal-injury/wrongful-death/statistics

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K & W Legal : 5 Common Causes of Wrongful Death Cases

At K & W Legal we know the phrase " wrongful death " can be difficult to understand. 

These cases can be defined, however, when a fatality results from someone who is "acting carelessly, recklessly, or negligently and/or with a total disregard for an individual’s safety.” 

Although wrongful death cases are typically accidental, they can also include specific situations in which the allegedly guilty party actually had an intent to kill or harm another human being.

While there's an extensive list of circumstances which can result in a wrongful death, the following 5 examples are some of the most common causes we've seen at K & W Legal :

a) Workplace Accidents
One major cause of wrongful death is workplace accidents. Such accidents include slip and falls, explosions, or even malfunctioning equipment. Work sites most commonly known for wrongful death include manufacturing plants, construction sites, and mining locations, but fatal accidents can occur anywhere... including an office setting.

b) Car Accidents
Car accidents are also among the most common causes of wrongful death claims. According to the NHTSA (National Highway Traffic Safety Administration), approximately 40,000 people are killed each year in the U.S. from auto accidents. 

c) Medical Malpractice
Medical malpractice is unfortunately another common cause of wrongful death. These types of incidents can happen when a doctor, surgeon, nurse, or other healthcare provider) neglects to deliver adequate medical care to a patient, resulting in death. The U.S. Department of Justice reports that more than 90% of medical malpractice claims resulted in permanent, lifelong injuries or wrongful death.

d) Criminal Acts
Someone who commits an unlawful act which results in the death of another individual can be subject to both civil law and criminal proceedings. As a matter of fact, the person accused in these cases does not have to be convicted in criminal court proceedings prior to filing a civil wrongful death claim. While criminal court proceedings are prosecuted by the state, civil lawsuits are usually filed by the victim’s loved ones.

e) Defective Products
A product may be defective if an error was made during the designing, manufacturing, labeling or distributing stage. If someone is killed from the use of a product with a design flaw or was tainted during the manufacturing process, one of the victim's family members can possibly file a wrongful death claim. 

Our experienced team of attorneys at K & W Legal want to make sure you know your rights when it comes to a possible wrongful death claim.

For more information about our services or to schedule a FREE consultation contact our law office TODAY: (404)491-0089 or visit our web site: KGWLegal.com .

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

References: http://settlementfunding.com/blog/structured-settlement/the-5-most-common-causes-of-wrongful-death/

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4 Categories of Wrongful Death Cases Filed in the U.S.

In many wrongful death lawsuit cases filed in the U.S., there are four categories which claims typically fall into:

1) negligence

2) carelessness

3) lack of appropriate safety procedures in place

4) insufficient regard for human life/lives

Wrongful death cases we've commonly dealt with in the past  have been a result of: 

. birth injuries
. defective drugs/prescription medications
. medical malpractice
. serious workplace injuries

At K & W Legal we are a team of experienced attorneys committed to safeguarding the very basic rights of individuals suffering from injuries caused by medical procedures, birth injuries, burns, paralysis, chronic & permanent injuries or death.

In medical malpractice cases alone, there are more than 100,000 deaths each year allegedly caused by preventable medical errors and procedures caused by doctors and hospitals in the U.S. 

While these are the people and facilities who we trust to keep us alive and well, the loss of a loved one because of human error can be devastating, and you have the right to be compensated.
So whether your claim can be resolved without a lawsuit or possibly requires a fight all the way through trial, our firm at K & W Legal is highly committed to stand by you every step of the way.

Visit our web site at KGWLegal.com for more information or contact us TODAY for a FREE consultation: (404)835-8080.

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

K & W Legal : Elements of a Wrongful Death Lawsuit

Wrongful death lawsuits are sometimes the most difficult for people to pursue, mainly because family members are morally concerned about the idea of "profiting" from a loved one's death. 

What many don't realize, however, is that wrongful death can actually be legally determined when a person is indirectly responsible for the death of another individual.

The definition of wrongful death, according to a recent post on Yahoo.com, is: "Any death of a human being resulting from negligence or misconduct from another person, company or entity."

If you think you may have a valid case to file a wrongful death lawsuit for a recent loss, here's some helpful information to help you make your decision:

Who can file a wrongful death lawsuit?

A wrongful death lawsuit can only be filed by the executor (or the person named in the victim's will who is responsible for distributing assets and paying debts and taxes) of the descendent's estate. The executor can file the lawsuit on behalf of the descedent's immediate family, which typically refers to a spouse, parent or child. A wrongful death, in most cases, cannot be filed by a friend or an extended family relative.

Why does the plaintiff have to be an immediate family member? 

For damages to be awarded in a wrongful death lawsuit, the family member must be able to prove that he/she has been negatively affected by the loss of the decedent. For example, the wife of a man killed on the job can pursue a wrongful death lawsuit because she will no longer benefit from wages earned by the victim. In other words, her lifestyle was decreased by the loss of the victim (her husband), so she is therefore entitled to damages.

Which circumstances generally surround a wrongful death lawsuit? 

Wrongful death lawsuits are often filed after one of the following incidents results in a death:

- alleged medical malpractice occurrences 

- car or plane crashes

- deaths resulting from injuries on the job

- food poisoning 

- use of toxic products which have not been advertised as toxic

- exposure to hazardous substances without prior notice of danger

(Although this is NOT a complete list of reasons to file wrongful death lawsuits, this is just few incidents we have come across at our K& W Legal law office in Atlanta ).

According to state laws which are considered survival actions?

In many cases, the descendent involved in a wrongful death lawsuit did not die right away, but suffered consciously before death. This can add to the amount of damages recovered by the family.

Here's an example:  A 28-year-old man died four years ago from a work-related accident. He initially suffered the loss of his left leg, then died three weeks later from secondary infections. His family was able to recover a significant amount of money not only for his death, but also for the three weeks of suffering he incurred following the accident.

Where can family members obtain legal counsel?

If you're in search of a wrongful death attorney in the Atlanta , GA area contact the experienced team at K & W Legal TODAY.

Not only do we provide compassionate and personalized legal services ...we are dedicated to solving your legal problems and providing you with the attention you need.

For a FREE consultation call us NOW at: (404)835-8080 or visit our web site for more information: KGWLegal.com .

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

K & W Legal Exposes: Wrongful Death Cases in the News

Paris Jackson's apparent suicide attempt this past week comes as her family and AEG are locked in a legal battle over the death of her father, Michael Jackson (which is considered a wrongful death trial).

As a matter of fact, Paris Jackson is now a possible witness in the civil trial.

The suit filed by Katherine Jackson, Michael Joseph Jackson Jr., Prince Michael Jackson II as well as Paris Jackson alleges that AEG negligently hired and supervised Dr. Conrad Murray, who -- in an attempt to help the singer sleep -- gave him a fatal dose of the anesthetic propofol.

They say AEG pushed Jackson to prepare for a tour that he was not ready for physically. 

AEG says that it was Jackson's decision to hire Murray and that the company had recommended a British doctor.

Jackson died in 2009, two weeks before his "This Is It" tour was scheduled to begin in London. Murray was convicted of involuntary manslaughter in 2011.

Sources are recently reporting that Paris Jackson was rushed to a hospital early Wednesday morning (June 5th, 2013).

The Los Angeles County Sheriff's Department and Fire Department would allegedly only disclose that they responded to a "medical emergency" on the block where the Jackson family lives in Calabasas. 

Furthermore, the L.A. County Fire Department described the call as a "possible overdose" and allegedly reported a patient was taken to a hospital.

One source, who spoke on the condition of anonymity, told The Times that the patient was Michael Jackson's daughter, Paris.

Jackson's former wife and Paris' mother, Debbie Rowe, also told Entertainment Tonight that Paris Jackson tried to commit suicide.

When it comes to wrongful death claims in the state of Georgia ... we urge you to contact an experienced attorney who specializes in these types of cases.

At K&W Legal our team of lawyers are experts in the field of wrongful death ... from state laws & statutes to the rights of loved ones left behind.

If you're in the Atlanta area and are in need of legal advice regarding a possible wrongful death case contact the attorneys at K&W legal TODAY at: (404) 835-8080 or visit our web site at: KGWLegal.com .

We will fight for you! 

--The K&W Legal Team

References: http://www.latimes.com/local/lanow/la-me-ln-paris-jackson-michael-jackson-wrongful-death-trial-20130605,0,783473.story

Wrongful Death Cases Based Upon Suicide: K & W Legal Explains

Suicide is ranked as high as the 6th leading cause of death in the United States by the National Safety Council (13th worldwide), with more than one million people committing suicide each year worldwide.

Because suicide is far-reaching, complex, and sometimes perplexing for those left behind, our wrongful death attorneys at K & W Legal want to help you better understand this situation in case this may have recently occurred to one of your family members or loved ones.

Any number of factors might contribute to a person taking their own life, including mental health and/or other social problems.  In some cases it is likely impossible to know why a particular person chose to take their own life, and in other cases a person may have left behind a note or some indication as to why they chose to end their life.  

In the context of a lawsuit for negligence where the defendant is blamed for the suicide death of an individual based on prior negligence, the answer on how to respond and how to dissect the concept of suicide might seem a daunting task.

Here are three examples of wrongful death based upon suicide you may want to read about if you think you may have a similar wrongful death claim:

1) To recover for negligence in Georgia, proof of causation is required.   

In a recent case (Morris v. Baxter, 225 Ga. App. 186 (483 S.E.2d 650) (1997)), the court of appeals held that “[n]egligence is not actionable unless it is the proximate cause of the injury, [and a] wrongdoer is not responsible for a consequence which is merely possible, according to occasional experience, but only for a consequence which is probable, according to ordinary and usual experience.”

In other words, this rule is based in fairness, because “negligence is predicated on what should have been anticipated rather than on what happened.”

The inquiry is “not whether a defendant’s conduct constituted a cause in fact of an injury, but rather whether the causal connection between the conduct and the injury is too remote for the law to countenance a recovery.”

2) Generally, Suicide Is An Unforeseeable Event In The Chain of Causation.

In Georgia, “[g]enerally, suicide is an unforeseeable intervening cause of death which absolves the tortfeasor of liability (Appling v. Jones, 115 Ga. App. 301, 303 (1) (154 S.E.2d 406) (1967)).” Although, “there is an exception to this general rule:  Where the tortfeasor’s wrongful act causes the injured party to kill himself during a rage or frenzy, or in response to an uncontrollable impulse, the wrongful act is considered to be the proximate cause of the suicide.”

3) There Can be a Causal Link Between Prescribed Medication and Suicide.

Lately, more and more drugs seem to advertise that one side effect may be suicidal thoughts or actions.  Thus, the intersection of malpractice and these medications can open the door to liability for resulting suicides. That was what happened in a recent case (Romona L. Floyd, Individually, as Surviving Parent of Jessica Ann Ray, deceased, and as Administratrix of the Estate of Jessica Ann Ray, deceased v. United States of America, 2010 U.S. Dist. LEXIS 125247 (2010)).

In that case, the decedent, a 15-year-old female, received a prescription for Prozac when it was not indicated or appropriate.

A nurse practitioner prescribed the medication during a follow-up visit from the emergency room at a clinic in Hartwell, Georgia while the decedent had been experiencing nausea, vomiting, and abdominal pain. The nurse wrote the prescription on a prescription pad that had been pre-signed by the supervising doctor, and in her notes for that visit, the nurse wrote “depression – Prozac.”

After ingesting the Prozac, the decedent hanged herself, which resulted in a devastating brain injury that ultimately caused her death.

If an incident similar to one of these three documented cases has happened to someone close to you, our attorneys at K&W Legal can help provide the legal guidance you need to better understand your situation.

As experienced professionals in the wrongful death legal field, we can offer you the one-on-one support to help you through the process of your potential claim, each and every step of the way.

Contact K&W Legal today at: (404)835-8080. We will fight for YOU.

References: http://www.deflaw.com/articles/wrongful-death-cases-based-upon-suicide

Wrongful Death in Atlanta : 4 Types of Eligible Persons for Bringing Wrongful Death Claims

Wrongful death claims in Atlanta are a unique subset of personal injury law because the injury on behalf of the client is primarily focused on the loss of contributions pertaining to the person who was killed.

Wrongful death claims do not seek to evaluate death or an individual’s life as a whole—because there is no character trial in a wrongful death case .  

In actuality, the case aims to provide recompense for the people who have lost the benefits of a loved because of another party's negligence .  

The value of the life lost in a wrongful death claim , in other words, is the true value of the life to the person bringing the claim.

So who are the persons eligible for bringing a wrongful death claim in Atlanta ?

The answer is simple: The victims who have standing to bring a wrongful death case in Georgia must be married, related, or legally tied to the deceased. 

Here are 4 Types of Eligible Persons for Bringing Wrongful Death Claims :

1) The surviving spouse, who must share awards with surviving children.
2) Surviving children, if no spouse exists.
3) The parents of the deceased, if no spouse or children exist.

4) The administrator of the estate, but only on behalf of the next of kin.

The wrongful death attorneys at K & W Legal work with families who are processing grief, shock, and sadness in order to create new hope.  Our firm recognizes the tragedy of wrongful death and remains a source of solace for grieving clients who are prepared to file a claim. 

Please call our office at K & W Legal in Atlanta, GA immediately after the death of a loved one so our team team of experienced attorneys can begin a solid, effective case for YOU and the additional survivors of your situation.

For additional information visit our web site at: KGWLegal.com . 

K & W Legal : 7 Reasons to Hire a Wrongful Death Attorney TODAY

If you are struggling to cope with the death of a family member, the added weight you feel from knowing the death was caused by someone else’s negligence can be overwhelming. The thought of hiring a lawyer to help you with a wrongful death claim may seem unimportant right now, but a wrongful death attorney can lighten your burden by bringing justice and financial compensation to the situation. 

A wrongful death claim is a claim brought against someone who may be liable for a death, do to some form of negligence. For example, a drunk driver who crashes into and kills another driver or innocent bystander may be held liable for that death in a wrongful death claim. In most cases, the lawsuit is began by a close family member or spouse. A wrongful death claim is usually filed to help a family with loss of income and to pay for funeral expenses, but can also be used to bring justice to a party for gross negligence.

Not convinced whether you may need a lawyer for your case?

Here are 7 reasons to Hire a Wrongful Death Attorney :

(1) Wrongful Death cases have a lot at stake (hospital bills, funeral costs, lost income, mourning time, justice, etc) and should not be left to chance.
Your situation is important – very important! You want to consult with an attorney who has experience and success with similar claims. A family law attorney might be able to handle the case, but you are better off with a lawyer who has experience in this area of law.

(2) There are no fees if you don't receive a settlement. With a contingency fee agreement (which is how most personal injury attorneys get paid), you do not need to pay attorney fees unless they get you money. This gives attorneys like us a great incentive to do our best work with your case.

(3) It will save you time and can yield the best possible results for your claim.
After a death in the family, you have a lot to do and cope with-- Hiring an attorney can save a lot of time and stress. Your lawyer can take over the legal day-to-day tasks, and an experienced wrongful death attorney can bring the results you need. The last thing you want to do during this difficult time in life is have to learn and research the settlement and claim process for wrongful death situations. An effective wrongful death attorney will take care of this for you so you can spend most of your time dealing with the situation at hand and all the emotions involved.

(4) If there is some mystery in the case, wrongful death attorneys have the ability to research and find the answers. If you are having trouble proving that your family member's death was caused by someone else, we can help by hiring a forensic specialist or investigator, which is one less thing for you to worry about. In addition to research capabilities, experienced attorneys have the network access to sound advice and consultation from attorneys and resources, such as estate attorneys and family attorneys, offering you the most comprehensive and results-oriented case possible. We also commit to a fair division of claims to all parties involved.

(5) Wrongful death attorneys offer objectivity and direction towards resolution.
Death can lead to anger, guilt, sadness, and a myriad of other emotions that can overpower your best and worst judgment. We care for and attempt to understand our clients, but we also do not allow emotions to get in the way of logical decisions in a claim. We offer direction towards resolution because we understand that wrongful death cases can carry with them the demand of a drawn out case that can consume and overwhelm any “normal” person just trying to learn how to deal with their recent loss.

(6) Settlements are usually higher with the aid of an experienced wrongful death attorney . While we know no amount of money can compensate you for the death of a loved one, we also understand that a death in the family can cause financial hardship and the person responsible should be held liable for costs and losses. Statistically, those with attorneys receive higher settlements in personal injury claims than those without attorneys.

(7) We are fully prepared to go to trial if necessary. While a trial might seem scary, sometimes it's the only way to receive a fair judgment. An experienced and successful wrongful death attorney will be willing to take your case all the way to trial, if necessary, to get you the money and justice your situation deserves.

Here’s how you get started: Filing a wrongful death claim can be hard on you, but it is often the best way to help your family recover financially after a death caused by someone else’s negligence. Consider hiring a wrongful death attorney if you need justice, closure and compensation after the death of a loved one in or near the counties surrounding Atlanta , Georgia.

Roger Krause and Robert Witcher of K and W Legal ( K & W Legal ) are highly esteemed wrongful death attorneys based in Alpharetta, Georgia. They are experienced in many varying wrongful death cases with a multitude of success.

For those who have been injured or have lost a loved one due to possible negligence, Roger and his law partner Robert Witcher , from K & W Legal Law Firm can help.

For more information about the resources offered, or safety information, visit KGWLegal.com or call (404) 835-8080.

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

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