What is wrongful death?
False homicide is a legal term referring to a death resulting from crime, negligence, or defectively manufactured goods.
Here are some types of incidents and accidents that can lead to wrongful death in Macon.
- Accidents involving motor vehicles:According to the Georgia Governor's Office of Highway Safety,More than 30 people die in traffic accidents in the Macon area each year.All road users can be involved in these accidents, including occupants of passenger cars, car pools, buses, taxis and commercial vehicles, as well as motorcyclists, cyclists and pedestrians. The Georgia Department of Public Health points this outMotor vehicle accidents are the leading cause of fatal injuries in the state..
- Liability accidents on company premises:Faulty electrical systems, falls, pool accidents, failure to protect guests from criminal activity, and other property hazards can kill people.
- Defective products:Defective vehicle parts, dangerous medicines or medical devices, children's toys, contaminated food or defective household appliances.
- Intentional acts:Murder, domestic violence or child abuse.
Seek compensation for Macon's wrongful death
When someone dies due to the negligence, recklessness or intent of another person, the family members of the deceased can apply for compensation under Georgia's wrongful death process. This process usually begins with filing a claim against a relevant insurance policy of the defaulting party.
Examples of liability insurance that covers these claims may be motor liability insurance if death is caused by an automobile accident, or owner or property liability insurance for building liability issues.
When the guilty party's insurance provider receives the claim, it engages a claims adjuster to assess and determine whether the company's policyholder was liable and, if so, how much compensation it owes the claimant. The adjuster must, and may do so, respond to the claim by accepting the claim as submitted, rejecting the claim and providing a written justification, or offering to settle the claim for less than the declared value.
If the insurer does not offset the claim, it can be claimed as Macon personal injury. If the parties cannot reach an agreement by the trial date, a judge or jury will decide the plaintiff's liability and indemnification.
Who can file a wrongful death claim with Macon?
Claims for wrongful death in Georgia can usually only be made by close family members. If the deceased was marriedYour spouse can make the claim. If the deceased was not married but had children, their adult children can also claim. If the deceased has no spouse or children, the parents can file the lawsuit. If the deceased has no surviving spouse, children or parents, an executor (trustee) of his estate may make a claim on behalf of the deceased's next of kin, e.g. B. a sibling claim.
How long does it take for a plaintiff to file a wrongful death lawsuit?
All states set time limits for a plaintiff's right to seek redress through a lawsuit. This period is called the statute of limitations. The statute of limitations on most wrongful death claims is two years from the date of death.
However, certain circumstances will extend the term, such as
- Death by manslaughter results from a crime and the perpetrator will be prosecuted in connection with that crime. In such cases, the statute of limitations for the civil action may be extended until the conclusion of the criminal proceedings. In such cases, the plaintiff may have up to six years to file a lawsuit in court.
- The assets of the testator have not yet been certified. In these cases, the applicant has up to five years to make a claim.
Your attorney will let you know if the time limit for filing a lawsuit is extended. The case does not have to be settled by the time the statute of limitations expires, but it must be filed by that time. However, if you do not bring the action within the Georgia wrongful death statute of limitations, you generally lose your right to use the court process to seek compensation for the costs and effects of your injury.
Although most wrongful death claims are settled out of court, you may need to file the claim within the statute of limitations. Most regulators won't consider offering a settlement unless you can go to court as a legal consequence if you don't settle claims.
What types of compensation can victims seek from a Macon wrongful death lawsuit?
Macon wrongful death claimants can seek compensation for the financial costs incurred as a result of the loss, known as economic damage. This includes costs related to the deceased's recent medical treatments and costs related to funeral services and burial or cremation. The applicant may also seek compensation for loss of wages and benefits that the deceased would likely have received during his working years had he lived and for loss of domestic services he provided to his family.
Beneficiaries can also seek compensation for the psychological effects of the loss, known as non-economic damage. These damages include compensation for the loss of care, advice, accompaniment and advice given by the deceased to his loved ones.
Punitive damages (compensation ordered as a financial consequence of the defendant's recklessness, in lieu of payment for the financial or emotional costs suffered by the plaintiff) are not available in Georgia for wrongful death.
However, victims may seek punitive damages under a separate probate claim relating to injuries and pre-death pain and suffering of the deceased if the claimant can show that particularly egregious behavior caused the incident or accident that resulted in the death.
How Can a Macon Wrongful Death Attorney Help You With Your Wrongful Death Claim?
Losing a loved one is one of the most devastating and overwhelming experiences any person or family can face. Oftentimes, family members are so consumed by grief and the real need to get ahead financially that they can't even think of seeking legal avenues to get the compensation they need.
A wrongful death attorney can allow the applicant to focus on moving to a healthier place emotionally while having the peace of mind that a team of lawyers is focused on helping them move to a healthier place financially.
Paying a homicide attorney in Macon
When someone who has lost a family member to homicide decides not to hire an attorney to help with their lawsuit, it is often not because they don't want help, but because they feel they can't afford it. However, wrongful death attorneys offer two specialized services designed to ensure access to their knowledge and advice to all those in need, regardless of financial status.
The first service is the free case assessment. This meeting allows a loved one to talk to a lawyer about their situation. The attorney can discuss whether they can file a wrongful death claim, explain the process in more detail, and answer the potential claimant's legal questions about the process. They can also inform the prospective applicant about the services they and their team of lawyers can provide.
If the plaintiff elects to hire the attorney to handle the claim, they will sign a contingency fee agreement. The contingent fee calculation method allows personal injury and wrongful death claimants to wait to pay their legal team until they receive compensation through a court settlement or judgment. The contingency fee agreement defines the services to be provided and specifies a percentage of the fee received as payment for those services. After the lawsuit, the attorney receives the settlement or award, deducts the agreed percentage, and passes the remainder to the plaintiff.
The types of services a lawyer provides for a wrongful death claim
In addition to a free case evaluation and contingency fee collection method, there are several important services that a Macon wrongful death attorney can offer their client.
These services include:
- Determine who was responsible for the incident or accident that caused the wrongful death. This party can be an individual, a legal entity or even multiple parties. In determining the source of liability, the attorney will also determine the relevant liabilitysecurePolicies that may provide compensation for the claim.
- Determine the amount of the claim based on the circumstances that led to the wrongful death, the availability of insurance, and the actual costs incurred.
- Communicate with the guilty party's insurance provider to negotiate a fair settlement.
- Gather the necessary evidence and testimonies to prove the allegation in court.
- Manage the timing of claims to protect the claimant's right to use the court process when seeking compensation for their loss by ensuring a claim is filed before the statute of limitations expires.
- Litigation services, including providing evidence, questioning witnesses, attending all hearings and answering cases.
- Assisting in the recovery of proceeds from a negotiated settlement or court judgment.
- Continuation of representation if the other party appeals after a court decision has been issued.
If you have lost a loved one, we can help you.
The Buckhead Law Accident Lawyers in Saxton, P.C. The legal team understands that the loss of a loved one is an emotionally and financially overwhelming circumstance. We strive to earn our customers' trust, build a relationship with them, and provide them with the one-on-one attention they need and deserve. We have been helping injured people and families of lost loved ones in the region for over 40 years. We have a deep understanding of Georgia's wrongful death laws and a strong commitment to helping our clients move forward after life has dealt them a devastating blow.
Contact us onlineor call us at(478) 226-4148for your free case assessment with a Macon wrongful death attorney.
Buckhead Law Personal Injury Attorneys in Saxton, P.C. – Macon Office
461 3rd street you are 6 years old
Macon, GA 31201