You might be eligible for a wrongful death claim if you lost a loved one in Macon. However, only a few family members can bring this type of case. Learn more from our compassionate Macon wrongful death lawyers.
Our law firm has over 20 years of experience helping accident victims and their families. During this time, we’ve obtained over $1 billion in compensation for our clients. Our team brings the power of the “Strong Arm” to every case. Call or contact us online to learn your rights during a free consultation.
What Counts as a Wrongful Death in Georgia?
According to the Official Code of Georgia Annotated (OCGA) § 51-4-1, wrongful death claims seek to recover the “full value of the life” of the deceased.
A wrongful death case considers what the victim would have earned and experienced if they’d lived. Certain surviving family members can sue for the damages.
Common wrongful death cases include:
- Car accidents
- Truck accidents
- Medical malpractice
- Construction accidents
- Workplace accidents
- Defective products
These claims are considered civil cases. They request compensation from the person whose negligence caused the death. Having legal representation ensures your rights are protected throughout the proceedings.
Who Can Sue for Wrongful Death?
Georgia law is clear about who can bring a wrongful death claim. OCGA § 51-4-2 outlines the details. The following people, in order, can bring a case:
- A surviving spouse
- A child or children
- Parents or guardians (according to OCGA § 19-7-1)
- A representative for the deceased’s estate
The surviving spouse is entitled to bring a claim first. Then, the deceased’s child or children can bring a claim if there is no surviving spouse. Finally, if there are no surviving children or spouses, the deceased’s parents can exercise their rights to recover.
An estate representative could take action if no one survived to recover damages. A spouse can also bring a claim on behalf of surviving children. However, the spouse must receive at least one-third of the total recovery.
Macon Wrongful Death Lawyer Near Me 478-400-4000
How Much Is a Wrongful Death Settlement Worth?
Wrongful death claims can be significant. The award largely depends on the full value of the deceased’s life and other details. “Full value of life” has two parts:
- The deceased’s reasons for living, such as personal relationships
- Income or contributions that the deceased would have provided
A personal injury attorney working on a wrongful death case will consider both. Furthermore, a claim looks at the details from the deceased’s perspective. An attorney can help you relay your loved one’s point of view.
The value of a settlement largely depends on the damages. Your lawyer can help you prove the extent of your losses and negotiate a fair settlement with the insurance company.
Damages the Deceased Experienced
A wrongful death claim should include damages the deceased experienced from the accident or injury to the time of death.
These damages might include:
- Medical expenses
- Lost wages
- Physical pain and suffering
- Burial expenses
- Funeral expenses
It’s important to consider everything your loved one experienced before they died. An attorney can help quantify losses due to the responsible party’s negligence.
Damages Experienced by Family Members
Wrongful death damages also consider what the surviving family experiences. A claim should work to compensate loved ones for what they’ll lose or have lost.
For example, say a husband died in a car accident caused by another driver. The victim has left behind children and a spouse, and he was the primary income earner.
The surviving spouse can bring a wrongful death lawsuit to recover what the husband would have earned if he’d lived. That includes any lost wages and benefits the deceased would have received.
Spouses in Georgia can also claim loss of companionship to compensate them for the companionship they lost with the death.
Average Wrongful Death Settlements
It’s impossible to put a “typical” number on wrongful death lawsuits and claims. Every situation can vary so widely. However, cases can range from $500,000 to $1 million or more.
Again, every case is different. To understand what your family might receive, consult a lawyer. Our team is here for you after an untimely death. We aim to make financial recovery as easy as possible during this challenging time.
The Timeline for a Wrongful Death Case Is Only Two Years
Wrongful death cases can take time. Some might settle within months, while others can take a year or more.
Keep in mind that there is a deadline to file your claim. In Georgia, the statute of limitations is generally two years from the date of death. That leaves limited time to take action. However, under certain circumstances, you may have more time or less. It’s best to immediately protect your family’s rights by hiring a Macon wrongful death attorney.
For a free legal consultation with a wrongful death lawyer serving Macon, call 478-400-4000
What Happens After You File Your Claim?
Your lawyer can help file a complaint and bring the wrongful death claim. You and the other side might negotiate to reach a settlement amount. If you cannot settle, you’ll enter the pre-trial period.
Most claims settle without having to go to trial. Still, there are exceptions for lawsuits. An experienced attorney can help determine if going to court is best for you and your family.
Wrongful death cases can be lengthy and complicated. However, they also help seek justice for deceased loved ones and their families. If someone else’s actions led to the death, that party is responsible for the costs.
How Hard Is It To Prove Wrongful Death?
Proving wrongful death can be challenging, but an experienced lawyer will know what to do. It’s important to find an attorney specializing in wrongful death cases, who has experience and success in the field, and can empathize with you.
There are four parts to consider when proving wrongful death:
Negligence
You must show that your loved one died because of another party’s negligence. Negligence is a legal term that describes a failure to exercise reasonable care, resulting in harm or damage to you or a person.
In Georgia, the negligent party in an accident is liable for the costs, including accidents where someone dies.
Breached Duty
Everyone has a “duty of care” to others. For example, drivers in Georgia have a duty of care to be safe on the roads.
For a successful case, you must show that the other party breached their duty to the deceased loved one.
Causation
There must be a direct link between the breached duty to the loved one’s death. This is the only way to show how the at-fault party is responsible for the costs.
Damages
The loved one’s death must have led to damages. Your claim will need to outline all the damages resulting from the accident and the death.
You must prove each part to be eligible for wrongful death damages. Thankfully, you don’t have to do it alone. Your attorney will work to establish each fact and fight for your rights.
Talk to Our Wrongful Death Lawyers in Macon for Free Today
Take action today if you’ve lost a loved one because of someone else’s negligence. Contact John Foy & Associates to get started on your case as soon as possible. Our team of compassionate personal injury lawyers can assist in your pursuit of justice.
We do not collect a fee unless we win you compensation. You can get started at no risk today. Call or contact us online for a free consultation.
Call or text 478-400-4000 or complete a Free Case Evaluation form
