The sudden death of a loved one is one of the most difficult things that can happen to you in life. The emotional pain can be excruciating if your loved one has died due to the negligent or reckless behavior of another person or company. You may decide to file a wrongful death claim due to the negligence of the other person or company.
Don't go through your loss alone. Our Macon wrongful death lawyers can help you file a wrongful death claim while he recovers. He should file a wrongful death lawsuit for money damages. His lawyer will review his claim and help him get the compensation he deserves.
Want to File a Wrongful Death Lawsuit in Macon, GA? Get in touch with our experienced and trusted attorneys. Here at the Bethune Law Firm, we understand wrongful death claims and have the experience you need to succeed. Ourpersonal injury lawyersthey know how to negotiate and understand the value of your claim.
How is wrongful death defined in Georgia?
Wrongful death is defined in the state of Georgia as the death of a person caused by the criminal, willful, reckless, or negligent acts of another person or business. Negligence is the lack of reasonable care when there is a duty to do so. That is why negligence must be proven in a wrongful death case.
The various possible legal grounds for a wrongful death claim in Georgia include:
- Fatalities in pedestrian accidents
- drive under the influencealcohol or illicit drugs
- nursing home neglect
- defective products
- criminal actions
- Faulty construction and engineering negligence.
- Illegal or inappropriate alcohol service
Who is eligible to file a wrongful death lawsuit in Georgia?
Georgia law is specific about who can bring a wrongful death claim. It is established that the family of the deceased person can file a wrongful death action inGeorgia wrongful death law.
The first person to file a wrongful death claim in Georgia is the spouse of the person who died.
The spouse can also represent the interests of the children in court if the deceased and the spouse have children. The spouse receives one-third or more of the settlement money, regardless of the number of children.
The surviving parent or parents of the deceased person may also file a wrongful death claim in Georgia if there is no surviving spouse or children.
A representative of the deceased person's estate can also file a wrongful death claim. The estate retains damages and uses the damages for the benefit of the decedent's next of kin if the estate's representative recovers damages on her claim.
What types of damages are recoverable?
The family of the deceased can recover two types of damages in a Georgia wrongful death case, including:
Total amount of damage to life
Total Life Damage Value attempts to assign a monetary value to the life of the deceased person. It is difficult for the jury panel to determine the exact amount, so they usually assign a value that they consider fair.
There are two categories of total value of life damage:
Economic value
This is the earning capacity of the dead person. It is easy to calculate the total for the victim if he is a working adult. Economic value takes into account how much time the victim has left in the workforce, pension, benefits, and salary.
However, it is difficult to calculate the total for an elderly person, an unemployed victim, a child, or a stay-at-home parent. The State of Georgia believes in giving value to a person's life. Therefore, they will handle each victim's case differently to provide the best total possible.
non-economic value
It is taken into account that the victim's life was cut short. The victim will lose the opportunity to have a happy and meaningful life with her family. The jury panel awards damages it deems fair to the victim's family.
Medical, funeral and related expenses
The victim's family uses these damages to cover the deceased's medical, funeral, and related expenses. Create a list of your expenses and give it to your attorney, as related damages are often broad terms. Your attorney will review your list to see what you can recover in damages.
Can the surviving family claim punitive damages?
The purpose of punitive damages in the State of Georgia is to punish the defendant for wrongdoing. Therefore, it is not to compensate the family of the deceased for the losses. That is why it is extremely rare in Georgia civil courts for wrongful death cases to receive punitive damages.
However, the surviving family can still bring a claim for punitive damages if the defendant is guilty of gross negligence or if the defendant intentionally took the life of their loved one, such as in the case of wrongful death, manslaughter, or murder. In such cases, the judge may award the surviving family compensatory damages and punitive damages.
We can help you seek punitive damages. As? We will establish that the defendant was malicious, willful, and negligent in his actions, and those actions led to the death of his loved one.
How is negligence proven in a wrongful death case?
You must prove negligence in your wrongful death case to win your case. However, it is often difficult to prove negligence, especially if you do not have the right attorney on your side. We will be happy to prove negligence in your wrongful death case.
Are herefour elementsof a wrongful death case:
Obligation
The deceased person must have a duty of care to the defendant. This makes the defendant negligent for the death of the victim. You must prove that the defendant had a duty to keep the deceased safe and secure.
breach of duty
The plaintiff must also prove that the defendant breached a duty of care after proving that the defendant owed a duty of care to the deceased. The plaintiff must present evidence showing that the defendant failed to keep the deceased safe and secure.
causality
The claimant must provide evidence showing the cause of death. The plaintiff must prove that the cause of death was due to the reckless actions of the defendant. The plaintiff must find the right evidence to convince the jury.
damage
The plaintiff will receive compensation after proving that the deceased person suffered such damage. The jury panel would see no reason to award the plaintiff these damages if the plaintiff cannot provide sufficient evidence. The author may present evidence of unexpected financial loss, unpaid medical bills, and the cost of the funeral.
How do I know I have a wrongful death claim in Georgia?
It is not easy to lose someone you love, especially if your loved one died due to the negligence or intentional act of another person or company. You will feel even sadder because you know that the death of your loved one could have been prevented.
You can file a wrongful death claim to get a settlement, so we recommend that you hire our experienced and accreditedMacon, Georgia, wrongful death attorney to help you file a wrongful death claim.
Determine if you meet the criteria for who can claim a wrongful death
First, you must determine your eligibility to file a wrongful death claim. If you are the surviving spouse, you can file a wrongful death lawsuit in Georgia. Do you have minor children? You can file a lawsuit on behalf of your children.
You can also file a wrongful death claim if you are the parent of the deceased, especially if there are no surviving spouses and no surviving children.
Determine if Georgia classifies the death as wrongful
Second, you need to find out if you have a wrongful death claim. You can only file a wrongful death claim in Georgia under certain circumstances. You can only file a wrongful death claim if intentional or negligent acts caused the death of your loved one.
It is not easy to file a wrongful death claim depending on the circumstances. Hire a wrongful death attorney early on. Your attorney can file a wrongful death claim on your behalf. Do not proceed with a wrongful death case without an attorney, as these cases are complex.
Here at the Bethune Law Firm, our wrongful death attorneys will handle the stressful aspects of your wrongful death case. We will conduct an independent investigation, interview witnesses, gather evidence, and negotiate a plea agreement with the defendant. We will work hard to resolve your wrongful death claim as quickly as possible.
What is the difference between a wrongful death claim and an inheritance claim?
Surviving family members file a wrongful death lawsuit to seek punitive damages for the value of their loved one's life. The decedent's estate files an estate lawsuit to seek compensation for financial costs associated with the victim's death. In addition, the estate claim is filed by the trustee named in the decedent's will if the decedent has a will.
How long do you have to file a wrongful death claim in Georgia?
The surviving family has 2 years to file a wrongful death claim if their loved one was killed in an accident. Accidental deaths include; slip and falls, car accidents, work injury claims and much more.
The surviving family has 2 years from the end of the criminal proceedings to file a wrongful death lawsuit if their loved one died due to an act in which the defendant faces criminal charges. These cases are when someone is killed in a robbery, a fight, a murder, and other circumstances.
The surviving family has only 6 months to file a wrongful death claim if their loved one died due to a government-involved accident. Different rules apply if the accident involves the government, such as if the person is killed in a car accident involving a government vehicle such as an ambulance, garbage truck, bus, etc.
You will void your right to file a wrongful death claim if you do not file a wrongful death claim within the required time frame. Instead of spending too much thinking about lawsuits, hire a wrongful death attorney in Macon, GA to help you file the lawsuit. We will file a wrongful death claim on your behalf so you have more time to grieve your loved one.
How Much Does a Macon Wrongful Death Lawyer Cost?
Our Macon, GA wrongful death lawyers handle wrongful death cases on a contingency basis. This means that you will not pay upfront to help you file a wrongful death claim. As your attorney proceeds with your claim, you are not owed any fees. Our lawyer is only paid after successfully reaching a settlement or verdict.
In Georgia, if claims are settled before a lawsuit is filed, most contingency fee agreements are thirty-three and one-third percent of all amounts recovered. However, if claims are settled after filing, most contingency fee settlements represent forty percent of all amounts recovered. Contingency fee amounts may increase due to the complexity of your wrongful death case.
Contact The Bethune Law Firm And Get The Highest Compensation For Your Suffering
You have the right to file a wrongful death lawsuit in Georgia against someone or any business if your loved one dies due to the willful, reckless, or negligent behavior of another person or business. A wrongful death claim allows you to collect money damages for the untimely death of your loved one.
It is important to work with an experienced Macon, GA wrongful death lawyer during this difficult time. His attorney will help you file a wrongful death claim and navigate the legal process. Our attorneys know the value of your claim. We can help you recover damages for your pain and suffering, lost income, medical expenses, and funeral expenses.
The Bethune Law Firm has extensive experience in wrongful death cases in Macon, GA. We care about our clients and their losses. We always help our clients to get what was taken from them. We will do everything we can to help you get the deal you deserve.