In 2016, the Center for Disease Control estimates that 4,021 people died as a result of accidents, 1,571 people died due to firearms, and there were 806 homicides in Georgia alone. Undoubtedly, some of these tragic fatalities were unavoidable or just simply the result of tragic circumstances, but some of them were the result of negligent acts that could have been avoided.

In these tragic instances, the family members who lost a child, parent, or other family member due to another person’s poor choice want justice, and the wrongful death attorneys at Cambre and Associates are dedicated to ensuring that these survivors not only have their day in court, but also receive the justice their deceased family member deserves.

What is a Wrongful Death Suit?

Georgia law allows the family members of an individual who died as a result of the negligent or criminal actions of another person to seek compensatory damages for the loss of their family member. The law affords the family members of the deceased this ability, because the other individual or entity is usually responsible and therefore, directly liable for the death of their loved one. In some cases, a wrongful death case can be pursued against an individual or company in addition to criminal

charges.

How does a Wrongful Death Occur?

Wrongful death cases take many forms. Pursuant to O.C.G.A. §51-4-5, a wrongful lawsuit can be initiated by a personal representative when the death of a human being is the result of a crime, negligence, or criminal negligence. However, there are strict rules as to who can initiate a wrongful death claim.

For example, If a spouse or parent has been the victim of a homicide, the surviving spouse has the ability the initiate a wrongful death claim. In the event that there isn’t a surviving spouse, the children of the victim can initiate the lawsuit. Georgia’s strict rules regarding wrongful death actions demonstrate why you should always consult with a wrongful death attorney prior to initiating a wrongful death claim in order to determine who is entitled to initiate the lawsuit.

For example, If a spouse or parent has been the victim of a homicide, the surviving spouse has the ability the initiate a wrongful death claim. In the event that there isn’t a surviving spouse, the children of the victim can initiate the lawsuit. Georgia’s strict rules regarding wrongful death actions demonstrate why you should always consult with a wrongful death attorney prior to initiating a wrongful death claim in order to determine who is entitled to initiate the lawsuit.

Events that Commonly Cause Wrongful Death Suits

Georgia’s wrongful death statute is broad enough to allow many types of wrongful death cases to be filed. These cases can range from mere negligence such as malpractice to many types of homicide such as murder or vehicular homicide.

Criminal Activities

There are many criminal activities that can be grounds for a wrongful death case. Moreover, the individual that commited the crime does not have to intentionally cause a loved one’s death for there to be a valid claim. Sometimes, a wrongful death suit can arise from an individual committing crime that indirectly contributed to a family member’s passing. Some of the common crimes that can be grounds for a wrongful death suit include:

• Intentional Homicide
• Unintentional Homicide
• Reckless Driving
• Unlawful or criminal acts that result in death

Car Accidents

A wrongful death claim can arise due to the actions of negligent drivers as well. Events causing a loved one’s passing such car accidents, DUI, and vehicular homicide can all be potential grounds for a wrongful death case, because in these instances, the at-fault individual’s actions were either negligent or criminal and resulted in the death of a human being.

Product Liability

Throughout history companies have infamously created products that can cause death. In some cases, a company might be completely unaware of the united risks their products pose, and in other cases, a manufacturer is aware and just simply acted irresponsibly. In both instances, a wrongful death claim can be brought against the manufacturer of a defective products such as cars, food, or medications.

Unbeknownst to most people, personal injury lawyers provide their clients with multiple services throughout the course of every case a personal injury attorney accepts. The main reason most people are unaware of all of the services their personal injury attorney provides them with stems from a misunderstanding of what a personal injury lawyer does in each case. For starters, lawyers are tasked with being subject matter experts in their field. This point is demonstrated by the fact that every personal injury attorney at Cambre and Associates has earned a juris doctor degree, which simply means a doctorate of law degree, but law school only gives a lawyer some of the tools they need to practice law in the real world. Every case that a personal injury attorney accepts requires the lawyer to, among other things, perform the following services for their client:

• Gather evidence and ensure that the evidence gathered is admissible: Not all evidence is admissible in a court of law, and the rules concerning what evidence is admissible and how that evidence can be submitted are often dictated by a combination of statutes, and binding legal precedent that articulates the process a personal injury attorney and plaintiff must go through in order to submit evidence
• Interpret and apply the law: This service has two parts. On the one hand, a personal injury lawyer must interpret statutes, which is the law as it is written by the state or federal legislature. However, Georgia and the U.S. have a judicial system that recognizes legal president, which is a higher court’s interpretation and application of the law in a certain cases. Binding president can affect how a law is applied in a certain situation or throughout the entire state or country, and thus, researching state and federal case law on a particular legal subject is a critical service that a personal injury attorney performs for their client.
• Cross examining witnesses: To successfully execute a personal injury case in court, a personal injury lawyer must prove certain elements in court in order to prevail. The elements of proof for each type of personal injury claim can vary, but one of the primary ways an attorney gathers evidence is through sworn testimony. A personal injury lawyer will often take the testimony of witnesses either at trial or through depositions, but in both instances, the lawyer must ask the witness questions in a manner that can both provide the attorney with information and that serves to accomplish the lawyer’s ultimate goal which is to prove the necessary elements needed for their client to prevail in court.

This list is not all inclusive, but rather, it articulates some of the more complex aspects of practicing personal injury law. Being able to perform all of the legal tasks needed to bring a personal injury claim to a successful conclusion takes years of education, practice, and experience that cannot be learned in small amount of time by someone without legal training. As such, although most people may be unaware of all of the services a personal injury attorney performs for their clients, they do recognize that they need to have their cases handled by legal experts, and thus, they employ the services of an experience personal injury lawyer.

Our Expertise at Cambre & Associates

At Cambre and Associates, our law firm consists of five personal injury attorneys who come from diverse legal backgrounds with previous practice experience in areas of law such as personal injury law, criminal law, family law, and immigration law. Moreover, some of our lawyers are licensed to practice in multiple states, and have been admitted to both state and federal courts across the state of Georgia. Our clients benefit from the various unique legal backgrounds that each of our personal injury attorneys have, and this aspect of our practice allows our clients to have the benefit of knowing that every personal injury attorney at Cambre and Associates has an extensive amount of education and trial experience. Moreover, the personal injury lawyers at Cambre and Associates have the legal skills necessary to handle cases that involve complex personal injury litigation and that require specialized knowledge of various areas of law such as medical and legal malpractice cases, catastrophic injury claims, and commercial vehicle accident claims. Each of these types of personal injury claims and others that are handled by the personal injury attorneys at our firm require either an intimate knowledge of a very specific area of state law such as medical malpractice or an understanding of the interplay between state and federal law such as commercial vehicle accidents.  

Personal Injury Attorney at Cambre & Associates

The personal injury attorneys at Cambre and Associates understand the effect a negligent injury can have on your life, but you don’t have to face this stressful situation alone. At Cambre and Associates, our personal injury lawyers will explain the rights that are afforded to you by law, evaluate your claim, gather evidence and testimony on your behalf, and aggressively seek the appropriate resolution to your case that you deserve. Call our office today for a free consultation and find out how some of Atlanta’s best personal injury attorneys can help you.