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Wrongful Death Lawsuits Lawyer

Wrongful death is the term used when someone causes the death of another person. The death may be caused by the actions of someone or by their failure to act (neglect). Wrongful death is a civil action rather than a criminal action. Since the person killed (decedent) cannot file suit or collect damages, it is the family or representatives of the estate that do so. The intent is to provide compensation for family members who have suffered monetarily and emotionally from the death. Damages can be assessed for lost wages and benefits, loss of companionship and emotional pain and suffering caused by the trauma.

A defendant can only be held responsible for a wrongful death if it can be proven that the defendant’s conduct was the cause of the death. It must also be shown that the death would not have occurred without the defendant’s act. The time between the defendant’s action and the death of the decedent is not a factor, as long as it can be proven that the defendant’s action was the cause of death.

If it can be shown that the decedent was partially responsible for his/her death, then he/she may be found to have comparative or contributory negligence and dependent upon the state in which the incident occurred. Damages may be awarded based on the percentage of negligence imputed to the decedent. Also, if the decedent failed to seek appropriate medical care and that failure led to death, there may be no grounds for a wrongful death claim or a reduction to an award.

Filing a Wrongful Death Lawsuit

Different states have different methods for deciding who may file a wrongful death suit and who may recover damages. Generally, it must be shown that the death was caused by another’s wrongful act, and that the act was such that the decedent would have been due damages from the act and that monetary damages did arise from the act. If these three criteria are met, it is possible that a wrongful death claim can be filed.

In a case of wrongful death, damages are assessed to compensate family members for their loss. There are many ways in which damages can be calculated. Since damages can be awarded in a number of areas, it is important to examine each one carefully.

The most obvious loss in a case of wrongful death is the actual expense induced by medical and death expenses. These are usually easy to determine.

Less obvious, but equally important, is the loss of future earnings and benefits, as well as the loss of companionship. These damages are more difficult to calculate and include anticipating the lifespan and earnings of the decedent, as well as the relationship to remaining family members.

Loss of companionship is very difficult to calculate since it is totally subjective and does not lend itself to empirical measurements. It is a measure of the emotional pain and suffering experienced by the survivors.

A final area of damages is punitive damages. This is an amount awarded to punish the person who caused the death, rather than to compensate for a specific loss. It can typically only be awarded when the action of the defendant was intentional or grossly negligent.

If you or a loved one is in need of legal assistance, contact Conley Griggs Partin LLP today. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis. This means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.

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Bobby C.

We have been privileged to work with Ranse Partin in several high profile cases, and we find his superb scholarship and trial abilities to be excellent.

Kenneth B.

An outstanding attorney, with substantive legal knowledge, skill in advocacy, and sound strategic and business judgment.

Joseph L.

Ranse is a talented lawyer and a person of the highest professional character.

Laura H.

Thank you so much for handling my case so competently. Your skilled guidance, confidence-building manner, and your kind, warm handling of all our encounters eased the pain of confronting a very tough time in my life. You took a difficult situation and created a very positive outcome. Again I thank you for all your help and friendship.

Meagan D.

Thank you so much for all your dedication and hard work on my case. You made me feel adequate and at ease and be able to open up and express a difficult situation. I am, and will be, forever grateful for you making this trying time in my life as manageable as it could possibly be. It was a pleasure working with you. The positive outcome was such a blessing and made me feel honored to have you stand up for a woman’s dignity. I am so thankful to have met such an admirable person and friend. Thanks again for all your support and guidance.

Robert M.

My opportunity to work with Ranse Partin confirmed to me first hand his extraordinary judgment as a litigator. He consistently showed a mastery of all the factual and legal details of a very complicated case. He remained thoughtful and calm in all circumstances and served his client very well.

Wade M.

Floyd Medical Center is extremely pleased with its decision to trust Ranse Partin and his firm with some of our most complex outside legal work. Ranse has skillfully and successfully handled several highly important managed care contract disputes for us. He is the one we turn to when we need outside legal counsel to help us deal with these type of tough legal issues.

Mike D.

Cale Conley has a national reputation as an excellent litigator on behalf of injured people and their families. He is a brilliant lawyer and advocate, with impeccable integrity.

Conley Griggs Partin builing office in Altanta, GA.

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