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Important Elements in a Wrongful Death Claim in Peachtree City


Blog Category:
12/13/2012
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Seeking compensation stemming from wrongful death can lead to a variety of complications with the insurance company. Whether your claim was denied or you feel the process isn’t being handled properly, seek legal advice at an injury law firm in Peachtree City

Fatal crashes in Atlanta don’t just happen on major freeways like Interstate 20. They also occur at intersections and local roads. Wherever they occur, proving negligence and establishing fault is important. 

Elements of a Wrongful Death Claim 

The first element of a wrongful death claim is establishing fault. You must show that someone else acted in a careless or reckless manner. Motorists owe others a duty of care, for example, and by driving recklessly or while intoxicated, that duty may be breached. 

The second element is connecting the negligent actions to your loved one’s death. Once that happens, you may discover that more than one party is at fault. For instance, if the accident involved a big rig, not only could the driver be liable but so could the trucking company depending on the circumstances. 

More important elements to a wrongful death claim in Peachtree City: evidence of tangible damages. 

Tangible evidence includes: 

  • medical bills;
  • medical records; and
  • proof of lost wages.

Other damages like pain and suffering may not have any hard evidence, although they may still be considered.  

How do you collect ample evidence? 

With the potential for complications, make sure that you have ample evidence. Proving wrongful death can sometimes be challenging, which is why having legal counsel on your side could be to your benefit.  

Seeking Help from an Atlanta Accident Injury Lawyer 

Traffic fatalities result from various types of crashes. According to the Georgia Department of Transportation (GDOT), in 2010 there were 124 pedestrian fatalities from traffic accidents, 150 motorcyclist fatalities, and 16 bicyclist fatalities. No matter what type of accident your loved one was involved in, call the Law Offices of Shane Smith at 770-487-8999 if you are considering a wrongful death claim.



Category: Wrongful Death


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