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

K & W Legal: Know Your Rights as an Injury Victim

Krause and Witcher are fighting for the rights of injury victims throughout Georgia.

From our Peachtree Street office here in Atlanta, we provide determined legal representation for those injured due to the negligence of others, including medical malpractice , those hurt by drunk drivers , those hurt at work , those who are sexually assaulted or raped in an apartment or commercial establishment, to residents of nursing homes who are abused or neglected, and many other cases. Call us now for your free consultation: (404) 835-8080.

Even if you are not sure if you have a case, or if you believe you may be partly responsible for your injury or accident, it cannot hurt to speak with an attorney. You may have rights to seek compensation for losses that you were not even aware applied to your circumstances. Krauseand Witcher are here for you, especially if you believe you may be a victim of incidents such as--

Car Accidents: Many drivers fail to conduct themselves responsibly, leading to rollover accidents, and other potentially fatal accidents. The law treats accident compensation differently in a work-related car accident. You owe it to yourself to speak with one of our experienced attorneys in Atlanta today.

Truck Accidents: The complexity of trucking liability laws can make it difficult for and individual to process a claim for an accident involving a semi truck or delivery truck. Factors such as negligent trucking equipment maintenance and driver fatigue can further complicate the process of seeking compensation. Let us help you.

Premises Liability: A property owner's failure to prevent a patron or guest from becoming a victim of rape or sexual assault may be a case of negligent security. We are here for you.

Workers' Compensation: If you are injured at work, you have a right to pursue compensation for losses, including wage benefits and medical benefits. In some cases, you may be eligible for disability benefits. Workers' compensation cases can be complex and may sometimes involve a third-party claim. An experienced attorney can thoroughly examine your specific circumstances and help you pursue the maximum compensation you deserve.

There is no obligation, and it is free to speak with us about your case. 

Fill out our case evaluation form at kgwlegal.com or give us a call today at: (404) 835-8080.

Act now!

--The K & W Legal Team

K & W Legal: 7 Steps to Follow After an Auto Accident

Being involved in a car accident can be traumatic for many people, especially if you are  seriously injured. In many instances, auto accidents can leave you in shock or in a confused state of mind when it comes to knowing how to handle the situation.

At K & W Legal our team of attorneys in Atlanta want to ensure you take the appropriate measures if you have been affected by a recent accident with another driver or passengers.

By following these 7 simple steps K & W Legal has listed for victims of auto collisions, your recovery from the damage and/or your injuries can be less of hassle for you and others who were involved.

7 Simple Steps to Handling a Car Accident

1. Go see your doctor , chiropractor or other healthcare provider. Receiving medical attention shortly after your accident is important, even if your injuries are minor, or if you weren’t even sure whether you were hurt.

2. Try your best to recall everything that happened, and write it down. Documenting all the details about what happened will be helpful for your police report, insurance company, and most importantly “your side of the story.” Many times drivers who are at fault can be guilty of fabricating their account of the incident, which can end up putting you at fault for the accident! Be sure to write down even the smallest of details: the weather, the time, your exact location, etc.

3. Call your insurance company after you’ve contacted the police. It is vital that your insurance company is notified shortly after your car accident . This will help expedite the process of your claim. Postponing this call can in turn delay your quote for damage, your rental car (if necessary), and even reimbursement to the healthcare facilities whom are treating your for your injuries.

4. Take several pictures. Most people have cameras on their cell phones, so be sure use this technology to your advantage following your auto collision. Be sure to take pictures of the exact location where the crash took place, the damage to your car as well as any skid marks, road signs, and even your injuries (if they are visible).

5. Pick up your police report as soon as you know it is available. Having proper documentation in hand will only accelerate the claims process for your insurance companies, medical providers and your attorneys, should this evolve into a legal matter.

6. Contact your employer or an office colleague if you are unable to make it to work. Your injuries from your accident may be so severe that you are unable to work because you are being hospitalized, because you are in too much pain to drive, or because your car is not operable. In either of these situations, it is definitely important to inform at least one of your coworkers about whether you are able to make it into the office.

7. Contact your attorney as soon as you are able. Car accidents frequently evolve into legal claims , especially when the amount of damage to your car is astronomical, the cost of your medical bills may not be covered by your insurance (or the other driver), and even if your employment or psychological health is affected by your recent collision.

At K & W Legal we want to help you get through this difficult time as seamlessly as possible. By following these 7 easy steps and contacting one of our experienced attorneys regarding your auto accident , you can spend less time worrying about what to do next, and more time getting back to your daily routine.

Contact K & W Legal today for more information about auto accident claims :
(404)835-8080 or visit our web site at KGWLegal.com .

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




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Medical Malpractice : What You Should Know About Your Rights

If you've ever undergone invasive surgery or had a medical procedure done... and you've experienced injuries following your treatment, you may be a candidate for a medical malpractice claim .

At K&W Legal our team of experienced attorneys in Atlanta will meet with you to discuss your potential case and let you know what you need to do next.

Before discussing your possible medical malpractice case let's first tell you what you need to know about medical malpractice --

Medical malpractice is professional negligence by act or omission by a healthcare provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error.

Standards and regulations for medical malpractice vary by country and jurisdiction within countries.
Medical professionals may obtain professional liability insurances to offset the risk and costs of lawsuits based on medical malpractice.

Noteworthy Medical Malpractice Facts:

- Approximately 195,000 people are killed every year by medical errors in the U.S.
- About 1.14 million patient-safety incidents occurred among the 37 million hospitalizations in the Medicare population over the years   2000-2002.
- Hospital costs associated with such medical errors were estimated at $324 million in October 2008 alone.
- Between 15,000 and 19,000 malpractice suits are brought against doctors each year.

How Do I know if I Have a Medical Malpractice Claim ?

-  If a duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
-  If a duty was breached: the provider failed to conform to the relevant standard care.
-  If the breach caused an injury: The breach of duty was a proximate cause of the injury.
- If damage (injury/injuries) occured: Without damage (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent. Likewise, damage can occur without negligence, for example, when someone dies from a fatal disease.

What Should I Do First?

If you believe medical malpractice occurred during your last procedure or treatment , you owe it to yourself to explore the issues with our K & W legal team of attorneys skilled in medical malpractice actions.

As experienced attorneys in Atlanta we are proficient in identifying, addressing, and overcoming difficult issues.

For medical malpractice cases , addressing your claim is extremely time-sensitive because of the statute of limitations surrounding this type of legal matter.

Contact K & W Legal TODAY for a FREE consultation.

We provide big firm results with small firm attention to make sure your case is settled in your favor.
--The K & W Legal Team




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K & W Legal : Fighting for You in Wrongful Death Suits

On February 10, 2013 -- A wrongful death lawsuit involving Marathon Oil and the mother of a 21-year-old Montana man found dead at a  western North Dakota oil well in 2012 was settled.
Trista Juhnke filed the suit in Montana’s Yellowstone County in July.

Fred Bremseth, Juhnke’s Minneapolis-based attorney, told the Bismarck Tribune on Friday that the case “was settled on a confidential basis.” Marathon spokeswoman Lee Warren confirmed to the newspaper that a no-fault settlement was reached Thursday.

Dustin Bergsing was found unresponsive on an oil storage tank’s catwalk near Mandaree in Dunn County on Jan. 7, 2012. The cover of the tank was open.

North Dakota’s medical examiner ruled that Bergsing, of Edgar, Montana, died from hydrocarbon poisoning due to inhaling petroleum vapors. Bergsing had no health problems and the coroner’s report showed there were no drugs or other toxic substances in his system.

Bergsing worked for Across Big Sky Flow Testing of Dickinson, which was contracted by Marathon Oil. Eric Brooks, assistant area director for the Occupational Safety and Health Administration, said OSHA found no violations of federal standards during its investigation.

Wrongful death lawsuits like these can be settled in your favor by our team of experienced attorneys at K & W Legal .

If you or someone you know is currently involved in a wrongful death situation which could result in a monetary settlement, contact us today at: (404)835-8080 or visit our web site at: KGWLegal.com .

Our team of wrongful death attorneys in Atlanta will fight for you!
--The K & W Legal Team




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K & W Legal Provides Big Firm Results with Small Firm Attention

Roger Krause & Robert Witcher, Founders of K&W Legal

Choosing the best lawyer for your particular situation can be a daunting process in the city of Atlanta, but it doesn't have to be.

At K&W Legal we have a strong team of experienced attorneys dedicated to fighting for your case.

Whether it's a wrongful death or medical malpractice case in the Atlanta metro area , we specialize in several areas of law and promise to provide you with the time and special services you need to ensure your case is resolved in your favor.

Founders Roger Krause and Robert Witcher want to make sure your case is handled with the utmost care, which is why we pride ourselves on "big firm results with small firm attention."

Our K& W legal team of attorneys in Atlanta can help you with:

-- wrongful death

-- personal injury / auto accident cases

-- crime victim's injuries

-- product liability

-- texting while driving accidents

-- construction site accidents

-- medical malpractice

Attorneys in Atlanta typically spend a lot of money on advertising their services but few of those lawyers are actually effective in helping you win your case.

At K&W Legal you will find we will help you find a personal injury lawyer or wrongful death attorney here in Atlanta who not only has years of experience, but has recovered and obtained large judgments and settlements.

For more information on the legal services K&W Legal provides or to speak with someone about legal representation for your pending case call us at (404)835-8080 or visit our web site at KGWlegal.com .

We will fight for you!

--The K&W Legal Counsel



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