A wrongful death claim can often have millions of dollars at stake, so the defense will do whatever they can to avoid being found guilty. They may come up with every defense possible, no matter how clear-cut your case may be; however, a Muscogee wrongful death attorney from the Law Offices of Shane Smith has no doubt been faced with these types of defenses before and can help you provide the evidence needed to prove your case. 

The common defenses that may be used against your claim include the following: 

  • Self-defense – The defendant was defending himself from the deceased’s harm.
  • Involvement in illegal activities – The deceased was engaging in unlawful acts that lead to his death.
  • Assumption of risk – The deceased was engaging in an activity that he knew was risky, but continued to do it.
  • Release agreement – The deceased signed a release agreement that stated that he would not hold the business or individual liable for any injuries or death caused by engaging in the activity. 


In addition, the defense may bring up other reasons why the deceased’s family should not receive compensation for a wrongful death claim. These include lack of evidence, no clear relationship between the deceased and the plaintiff, paperwork not thoroughly filled out, and expired time limits of filing a claim. This is where hiring an attorney is helpful. 

Contacting a Muscogee Wrongful Death Attorney 

If your loved one died due to the negligence of another party, you have the right to pursue a claim. The compensation you receive can help you pay for medical expenses, funeral expenses, and loss of wages. In order to file for wrongful death, you need the help of a trusted lawyer. For immediate legal counsel, contact the Law Offices of Shane Smith. His team can give your case the attention it deserves. Call today at 404-513-5415.

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Advocate for the Seriously Injured in Georgia

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