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One of the worst things that can happen to no fault of your loved one is that they sustain traumatic injuries from an accident or worse pass away from the injuries caused by the accident.
Our attorneys with their experienced legal have dedicated their practice to Personal Injury Law and Criminal Defense. Offering a multilingual team that understands the importance of each and every case.
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We Fight and Win Cases for our Clients!
Attorneys from ESSA, JANHO & ASSOCIATES, LLC. believe in fighting and winning for their clients and charges only when the case is settled. They explain, to get families what they deserve is their first priority in each case. With the client in mind, they win cases and their success is a side effect of the outcome, not the focus. If you or someone you know has lost a loved one due to the negligence of another party consider our team to fight for justice.
Our expert legal team have handled hundreds of wrongful death cases over the past decade. Many people ask what wrongful death means when it comes to the law in Georgia. A wrongful death claim is a special kind of personal injury lawsuit made when someone is killed due to another party’s negligence or intentional act. “Wrongful Death Claims” allow the estate of the deceased person to file a lawsuit against the party legally responsible. If the person’s death is caused by the negligence of another person or entity, the surviving family members have the right to bring a civil lawsuit seeking damages from the responsible person or entity. Each state has very specific rules governing wrongful death claims. However, some general principles are common among most states in the USA, regarding both the nature of the wrongful death claim and also the procedure controlling the lawsuit.
What Must the Plaintiff Prove in a Wrongful Death Case?
Once a lawsuit is filed, the Plaintiff still must prove the various elements of a wrongful death claim before any damages can be awarded. In other words, the Plaintiff must show the court that the Defendant was negligent and that the Defendant’s negligence caused the deceased’s death before the court will order the Defendant to pay any damages.
Typically, the Plaintiff must prove the following elements of a Wrongful Death Case:
- The duty of Care – The Plaintiff must prove to the court that the Defendant owed a duty of care to the deceased person. For example, in the case of a car accident, the Plaintiff must prove that the Defendant had an obligation to obey the Rules of the Road and drive carefully while operating any vehicle
- Breach of Duty of Care – The Plaintiff must prove that the Defendant breached the duty of care owed to the Defendant. Again, if the situation involves a car accident, the Plaintiff must show that the Defendant failed to obey the applicable traffic laws, such as by speeding or by running a red light; and
- Causation – It is not sufficient that the Plaintiff merely shows that the Defendant broke the law in some manner, or breached a duty in some other way. The Plaintiff must also show that the Defendant’s particular action directly caused the wrongful death. So, even if the Defendant ran a red light while driving a car, the Defendant is not responsible for the deceased’s death if the death was caused by something else, such as a mechanical failure on the deceased’s vehicle.
Medical Malpractice and Wrongful Death
Dealing with medicine is not a black and white issue. It is technical and complicated and takes proven professionals to present your side of the case. It takes experienced medical malpractice lawyers who specialize in medical negligence cases and knowledgeable experts in the field of medicine. We are cautious in our selection of medical experts because we know it matters. We’re here to help you or someone you love that has been the victim of medical malpractice we can assist with your case. Medical Malpractice can cause serious injuries and death. Medical Malpractice is also a sector of Personal Injury Law. Our firm expresses the importance of experience and expertise versus a large plush office that usually means extra fees that are charged against the client when the case settles.
Call us today, if you need help with your case 770-955-8322.
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