A wrongful death claim is a claim brought against someone who may be liable for a death, do to some form of negligence. For example, a drunk driver who crashes into and kills another driver or innocent bystander may be held liable for that death in a wrongful death claim. In most cases, the lawsuit is began by a close family member or spouse. A wrongful death claim is usually filed to help a family with loss of income and to pay for funeral expenses, but can also be used to bring justice to a party for gross negligence.

Not convinced whether you may need a lawyer for your case?

Here are 7 reasons to Hire a Wrongful Death Attorney :

(1) Wrongful Death cases have a lot at stake (hospital bills, funeral costs, lost income, mourning time, justice, etc) and should not be left to chance.
Your situation is important – very important! You want to consult with an attorney who has experience and success with similar claims. A family law attorney might be able to handle the case, but you are better off with a lawyer who has experience in this area of law.

(2) There are no fees if you don’t receive a settlement. With a contingency fee agreement (which is how most personal injury attorneys get paid), you do not need to pay attorney fees unless they get you money. This gives attorneys like us a great incentive to do our best work with your case.

(3) It will save you time and can yield the best possible results for your claim.
After a death in the family, you have a lot to do and cope with– Hiring an attorney can save a lot of time and stress. Your lawyer can take over the legal day-to-day tasks, and an experienced wrongful death attorney can bring the results you need. The last thing you want to do during this difficult time in life is have to learn and research the settlement and claim process for wrongful death situations. An effective wrongful death attorney will take care of this for you so you can spend most of your time dealing with the situation at hand and all the emotions involved.

(4) If there is some mystery in the case, wrongful death attorneys have the ability to research and find the answers. If you are having trouble proving that your family member’s death was caused by someone else, we can help by hiring a forensic specialist or investigator, which is one less thing for you to worry about. In addition to research capabilities, experienced attorneys have the network access to sound advice and consultation from attorneys and resources, such as estate attorneys and family attorneys, offering you the most comprehensive and results-oriented case possible. We also commit to a fair division of claims to all parties involved.

(5) Wrongful death attorneys offer objectivity and direction towards resolution.
Death can lead to anger, guilt, sadness, and a myriad of other emotions that can overpower your best and worst judgment. We care for and attempt to understand our clients, but we also do not allow emotions to get in the way of logical decisions in a claim. We offer direction towards resolution because we understand that wrongful death cases can carry with them the demand of a drawn out case that can consume and overwhelm any “normal” person just trying to learn how to deal with their recent loss.

(6) Settlements are usually higher with the aid of an experienced wrongful death attorney . While we know no amount of money can compensate you for the death of a loved one, we also understand that a death in the family can cause financial hardship and the person responsible should be held liable for costs and losses. Statistically, those with attorneys receive higher settlements in personal injury claims than those without attorneys.

(7) We are fully prepared to go to trial if necessary. While a trial might seem scary, sometimes it’s the only way to receive a fair judgment. An experienced and successful wrongful death attorney will be willing to take your case all the way to trial, if necessary, to get you the money and justice your situation deserves.

Here’s how you get started: Filing a wrongful death claim can be hard on you, but it is often the best way to help your family recover financially after a death caused by someone else’s negligence. Consider hiring a wrongful death attorney if you need justice, closure and compensation after the death of a loved one in or near the counties surrounding Atlanta , Georgia.

Roger Krause and Robert Witcher of K and W Legal ( K & W Legal ) are highly esteemed wrongful death attorneys based in Alpharetta, Georgia. They are experienced in many varying wrongful death cases with a multitude of success.

For those who have been injured or have lost a loved one due to possible negligence, Roger and his law partner Robert Witcher , from K & W Legal Law Firm can help.

For more information about the resources offered, or safety information, visit KGWLegal.com or call (404) 835-8080.

We will fight for you!
–The K&W Legal Team

Our experienced attorneys at Krause and Witcher based in Atlanta , Georgia represent clients in cases involving wrongful death all over Georgia, especially in the Alpharetta area.

Our Atlanta Wrongful Death Attorneys want to expose the common misconceptions about wrongful death litigation, including the following:

– There cannot be a wrongful death lawsuit if the negligent party is brought up on criminal charges. This is not true. Many people believe that if the person or people responsible for a loved one’s death faces criminal charges, a wrongful death suit cannot also occur. A wrongful death lawsuit is filed in civil court and therefore not dependent on or impacted by criminal court proceedings. Either way, a person should always seek advise from a wrongful death attorney about the case at hand.

– The insurance company will provide a fair settlement. This is not always true, especially if death is involved in the accident – considering these cases are more complex with all the losses involved. It may seem like a good idea to trust the insurance company to do the right thing, but in fact it is not. In reality, the insurance company’s goal is to provide a quick settlement that is in their client’s best interest. A qualified wrongful death law firm offers the best chance for you to receive a fair settlement in a wrongful death claim. The earlier you decide to contact a wrongful death attorney, the better – especially if a number of other people or insurance companies are involved in the settlement.

– A wrongful death lawyer is not necessary. This is perhaps the most damaging misconception surrounding wrongful death litigation. The laws pertaining to wrongful death in Georgia are quite complex and best interpreted by an experienced wrongful death lawyer. It is always a good choice to at least speak with a qualified wrongful death attorney before proceeding forward in your wrongful death situation.

If you want to read more about wrongful death and how our legal team at K & W Legal could help you, visit our web site at: KGWLegal.com .

If you or a family member has suffered from a possible wrongful death occurrence, contact a legal consultant NOW for your FREE consultation.

You can call the Georgia Wrongful Death Attorneys at Krause and Witcher TODAY at: (404) 835-8080.

We will fight for you!
–The K & W Legal Team

The Atlanta Wrongful Death Attorneys at Krause and Witcher, LLC have written before about the draconian “tort reform” laws enacted by the Georgia legislature in recent years.

Most Georgia citizens have no idea what their elected politicians have done to deprive them of their right to be made whole if injured or killed as a result of a doctor’s negligence. A recent case demonstrates what could happen in Georgia:

One of the most tragic events that can happen in someone’s life is losing a loved one, especially when it is unexpected. This situation is hard enough to deal with when it is due to natural causes but often times it can be caused by the negligent and careless conduct of another party.

When an unexpected death like this occurs, you may have legal rights that help you deal with the loss of your loved one. In many instances this is known as a wrongful death action .

• Compensation for the pain and suffering of the survivors
• Loss of future wages, which may include expected raises
• Loss of inheritance for children
• Funeral expenses
• Compensation for pain and suffering decedent felt prior to passing
• Loss of love and protection of a spouse, child, and/or parent
• Loss of benefits, which includes retirement benefits
• Emotional Distress
• Sometimes punitive damages to punish wrongdoers if available and appropriate

From our Peachtree Street office here in Atlanta, we provide determined legal representation for those injured due to the negligence of others, including medical malpractice , those hurt by drunk drivers , those hurt at work , those who are sexually assaulted or raped in an apartment or commercial establishment, to residents of nursing homes who are abused or neglected, and many other cases. Call us now for your free consultation: (404) 835-8080.

Even if you are not sure if you have a case, or if you believe you may be partly responsible for your injury or accident, it cannot hurt to speak with an attorney. You may have rights to seek compensation for losses that you were not even aware applied to your circumstances. Krauseand Witcher are here for you, especially if you believe you may be a victim of incidents such as–

Car Accidents: Many drivers fail to conduct themselves responsibly, leading to rollover accidents, and other potentially fatal accidents. The law treats accident compensation differently in a work-related car accident. You owe it to yourself to speak with one of our experienced attorneys in Atlanta today.

Truck Accidents: The complexity of trucking liability laws can make it difficult for and individual to process a claim for an accident involving a semi truck or delivery truck. Factors such as negligent trucking equipment maintenance and driver fatigue can further complicate the process of seeking compensation. Let us help you.

Premises Liability: A property owner’s failure to prevent a patron or guest from becoming a victim of rape or sexual assault may be a case of negligent security. We are here for you.

Workers’ Compensation: If you are injured at work, you have a right to pursue compensation for losses, including wage benefits and medical benefits. In some cases, you may be eligible for disability benefits. Workers’ compensation cases can be complex and may sometimes involve a third-party claim. An experienced attorney can thoroughly examine your specific circumstances and help you pursue the maximum compensation you deserve.

There is no obligation, and it is free to speak with us about your case. 

Fill out our case evaluation form at kgwlegal.com or give us a call today at: (404) 835-8080.

Act now!

–The K & W Legal Team

At K & W Legal our team of attorneys in Atlanta want to ensure you take the appropriate measures if you have been affected by a recent accident with another driver or passengers.

By following these 7 simple steps K & W Legal has listed for victims of auto collisions, your recovery from the damage and/or your injuries can be less of hassle for you and others who were involved.

7 Simple Steps to Handling a Car Accident

1. Go see your doctor , chiropractor or other healthcare provider. Receiving medical attention shortly after your accident is important, even if your injuries are minor, or if you weren’t even sure whether you were hurt.

2. Try your best to recall everything that happened, and write it down. Documenting all the details about what happened will be helpful for your police report, insurance company, and most importantly “your side of the story.” Many times drivers who are at fault can be guilty of fabricating their account of the incident, which can end up putting you at fault for the accident! Be sure to write down even the smallest of details: the weather, the time, your exact location, etc.

3. Call your insurance company after you’ve contacted the police. It is vital that your insurance company is notified shortly after your car accident . This will help expedite the process of your claim. Postponing this call can in turn delay your quote for damage, your rental car (if necessary), and even reimbursement to the healthcare facilities whom are treating your for your injuries.

4. Take several pictures. Most people have cameras on their cell phones, so be sure use this technology to your advantage following your auto collision. Be sure to take pictures of the exact location where the crash took place, the damage to your car as well as any skid marks, road signs, and even your injuries (if they are visible).

5. Pick up your police report as soon as you know it is available. Having proper documentation in hand will only accelerate the claims process for your insurance companies, medical providers and your attorneys, should this evolve into a legal matter.

6. Contact your employer or an office colleague if you are unable to make it to work. Your injuries from your accident may be so severe that you are unable to work because you are being hospitalized, because you are in too much pain to drive, or because your car is not operable. In either of these situations, it is definitely important to inform at least one of your coworkers about whether you are able to make it into the office.

7. Contact your attorney as soon as you are able. Car accidents frequently evolve into legal claims , especially when the amount of damage to your car is astronomical, the cost of your medical bills may not be covered by your insurance (or the other driver), and even if your employment or psychological health is affected by your recent collision.

At K & W Legal we want to help you get through this difficult time as seamlessly as possible. By following these 7 easy steps and contacting one of our experienced attorneys regarding your auto accident , you can spend less time worrying about what to do next, and more time getting back to your daily routine.

Contact K & W Legal today for more information about auto accident claims : (404)835-8080.

We will fight for you!

–The K&W Legal Team

At K&W Legal our team of experienced attorneys in Atlanta will meet with you to discuss your potential case and let you know what you need to do next.

Before discussing your possible medical malpractice case let’s first tell you what you need to know about medical malpractice –

Medical malpractice is professional negligence by act or omission by a healthcare provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error.

Standards and regulations for medical malpractice vary by country and jurisdiction within countries.

Medical professionals may obtain professional liability insurances to offset the risk and costs of lawsuits based on medical malpractice.

Noteworthy Medical Malpractice Facts:

- Approximately 195,000 people are killed every year by medical errors in the U.S.

- About 1.14 million patient-safety incidents occurred among the 37 million hospitalizations in the Medicare population over the years   2000-2002.

- Hospital costs associated with such medical errors were estimated at $324 million in October 2008 alone.

- Between 15,000 and 19,000 malpractice suits are brought against doctors each year.

How Do I know if I Have a Medical Malpractice Claim ?

-  If a duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.

-  If a duty was breached: the provider failed to conform to the relevant standard care.

-  If the breach caused an injury: The breach of duty was a proximate cause of the injury.

- If damage (injury/injuries) occured: Without damage (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent. Likewise, damage can occur without negligence, for example, when someone dies from a fatal disease.

What Should I Do First?

If you believe medical malpractice occurred during your last procedure or treatment , you owe it to yourself to explore the issues with our

K& W legal team of attorneys skilled in medical malpractice actions.

As experienced attorneys in Atlanta we are proficient in identifying, addressing, and overcoming difficult issues.

For medical malpractice cases , addressing your claim is extremely time-sensitive because of the statute of limitations surrounding this type of legal matter.

Contact K & W Legal TODAY for a FREE consultation.

We provide big firm results with small firm attention to make sure your case is settled in your favor.

–The K & W Legal Team

Click here to see references for this blog.

Trista Juhnke filed the suit in Montana’s Yellowstone County in July.

Fred Bremseth, Juhnke’s Minneapolis-based attorney, told the Bismarck Tribune on Friday that the case “was settled on a confidential basis.” Marathon spokeswoman Lee Warren confirmed to the newspaper that a no-fault settlement was reached Thursday.

Dustin Bergsing was found unresponsive on an oil storage tank’s catwalk near Mandaree in Dunn County on Jan. 7, 2012. The cover of the tank was open.

North Dakota’s medical examiner ruled that Bergsing, of Edgar, Montana, died from hydrocarbon poisoning due to inhaling petroleum vapors. Bergsing had no health problems and the coroner’s report showed there were no drugs or other toxic substances in his system.

Bergsing worked for Across Big Sky Flow Testing of Dickinson, which was contracted by Marathon Oil. Eric Brooks, assistant area director for the Occupational Safety and Health Administration, said OSHA found no violations of federal standards during its investigation.

Wrongful death lawsuits like these can be settled in your favor by our team of experienced attorneys at K & W Legal .

If you or someone you know is currently involved in a wrongful death situation which could result in a monetary settlement, contact us today at: (404)835-8080.

Our team of wrongful death attorneys in Atlanta will fight for you!

–The K & W Legal Team

At K&W Legal we have a strong team of experienced attorneys dedicated to fighting for your case.

Whether it’s a wrongful death or medical malpractice case in the Atlanta metro area , we specialize in several areas of law and promise to provide you with the time and special services you need to ensure your case is resolved in your favor.

Founders Roger Krause and Robert Witcher want to make sure your case is handled with the utmost care, which is why we pride ourselves on “big firm results with small firm attention.”