Macon
Wrongful Death Lawyer

Losing a loved one or family member is incredibly difficult and painful. However, when the negligent actions of another person cause that loss, the emotional toll can be even more devastating. In these cases, it’s important to remember you and your family can seek legal recourse through a Macon wrongful death lawyer.

Our law firm has over 20 years of experience helping accident victims and their families. We’ve obtained over $1 billion in compensation for our clients. We work on a contingency fee basis, so there is no fee unless we win the case. Call a Macon personal injury lawyer online to learn your rights during a free consultation.

What Counts As a Wrongful Death in Georgia?

A wrongful death occurs when a person dies due to another party’s negligence, recklessness, or intentional misconduct. According to the Official Code of Georgia Annotated (O.C.G.A.) § 51-4-1, wrongful death claims seek to recover the “full value of the life” of the deceased, thus considering what the victim would have earned and experienced if they’d lived.

When a wrongful death occurs, the surviving family members may be entitled to compensation for their losses. If you believe someone else’s negligence caused your loved one’s death, seek professional legal guidance. 

Common cases include:

• Macon car accident lawyer: If you’ve been injured in a car accident, an experienced lawyer can help you pursue compensation for medical expenses, lost wages, and vehicle damages. Get the support you need to recover and secure fair compensation.
• Macon truck accident lawyer: Truck accidents can result in severe injuries and complex claims. A skilled lawyer will advocate for your rights, handling negotiations with insurance companies and trucking companies to seek the compensation you deserve.
• Macon motorcycle accident lawyer: Motorcycle accidents often lead to serious injuries that require extensive medical care. An attorney who understands the unique challenges riders face can help you pursue financial recovery for your losses.
• Macon bicycle accident lawyer: Injuries from bicycle accidents can be life-changing. A dedicated lawyer can help you secure compensation for your injuries, medical costs, and other damages while navigating Georgia’s specific laws protecting cyclists.
• Macon pedestrian accident lawyer: Pedestrian accidents can have devastating consequences. An attorney will work to hold responsible parties accountable, seeking fair compensation for medical bills, lost wages, and other damages.
• Macon boat accident lawyer: Boat accidents require specialized knowledge of maritime law. An experienced lawyer can help you pursue compensation if you were injured on Georgia’s waterways, ensuring your rights are protected.
• Macon drunk driving accident lawyer: Drunk driving accidents can lead to severe injuries and significant financial losses. A dedicated attorney can help you seek justice and pursue compensation from the responsible party to aid in your recovery.
• Macon construction accident lawyer: Construction sites are often hazardous, and accidents can lead to serious injuries. An attorney can help you file a claim to recover damages and secure support for medical and financial needs.
• Macon bus accident lawyer: Bus accidents often involve multiple parties and complex liability issues. An experienced lawyer can help you navigate these challenges to secure compensation for your injuries and other losses.
• Macon cargo truck accident lawyer: Cargo truck accidents can be catastrophic due to the size and weight of the vehicles involved. A skilled lawyer will work to hold the responsible parties accountable and pursue compensation for your injuries and damages.

These claims are considered civil cases. They request compensation from the person whose negligence caused the death. Georgia’s wrongful death laws are complex, and it is helpful to seek the advice of an experienced attorney.

Our wrongful death lawyers in Macon will help guide the family through the legal process, ensure all requirements are met, and work to obtain the compensation the client deserves.

Who Can File a Wrongful Death Claim in Georgia?

Georgia law outlines who is eligible to file a wrongful death claim, and the right to bring a case follows a specific order:

• Surviving spouse
• Child or children
• Parents or guardians
• Representative for the deceased’s estate

The surviving spouse has the first right to file a claim. If no spouse survives, the deceased’s child or children may pursue the case. In the absence of both a spouse and children, the deceased’s parents are next in line to recover damages.

If none of these relatives survive, a representative of the deceased’s estate can file the claim. Additionally, a surviving spouse can file on behalf of the children, but Georgia law requires that the spouse receive at least one-third of the total recovery.

How Much Is a Wrongful Death Settlement Worth?

The value of a wrongful death settlement can vary significantly, as it largely depends on the “full value of your loved one’s life” and other specific details. In Georgia, the “full value of life” is measured in two parts:

• Non-economic value: This includes your loved one’s personal relationships, experiences, and reasons for living.
• Economic value: This considers the income, benefits, and contributions your family member would have provided over their lifetime.

A Macon wrongful death attorney will carefully evaluate both aspects, ensuring all relevant factors are considered. These claims are unique because they look at the loss from the deceased’s perspective. Our team is here to help you fully present your loved one’s story.

The settlement amount will also depend on the damages incurred, including financial losses like medical bills, lost wages, and funeral expenses. Your lawyer will assist in proving these losses and negotiate a fair settlement with the insurance company.

Survival Action Under Georgia’s Wrongful Death Law

In Georgia, a survival action allows the estate of a deceased person to recover damages they would have been entitled to if they had survived the accident or injury. This legal claim focuses on the harm the deceased experienced before their death as a result of the fatal incident.

The damages that can be pursued through a survival action may include:

• Medical expenses: Coverage for hospital bills, medical treatments, and related healthcare costs.
• Lost wages: Compensation for income the victim lost due to the injury before their death.
• Physical pain and suffering: Financial recovery for the pain and emotional distress the deceased endured.
• Burial and funeral expenses: Reimbursement for the costs associated with laying your loved one to rest.

Since this claim is brought on behalf of the deceased, the legal representative of their estate is responsible for filing the survival action. It’s crucial to carefully account for everything your loved one experienced before they passed. A wrongful death attorney can help evaluate and quantify these losses, ensuring the responsible party is held accountable for their negligence.

Damages Experienced by Family Members

When pursuing a wrongful death claim in Georgia, it’s important to understand that damages are calculated based on the surviving family’s losses. Unlike survival actions, which are filed on behalf of the deceased person’s estate, wrongful death lawsuits aim to recover compensation for the family’s emotional and financial suffering caused by their loved one’s death.

Families may be eligible to recover damages such as:

• Future lost income: Compensation for the income the victim would have earned throughout their life.
• Loss of benefits: This includes retirement benefits, health insurance, and other forms of financial support provided by the deceased.
• Loss of companionship: The emotional toll of losing a loved one’s guidance, comfort, and physical presence.
• Value of services: Compensation for the everyday services the victim provided, such as childcare or household management.
• Loss of consortium: This specifically addresses the loss of love, companionship, and intimacy with a spouse or partner.

Unlike other claims, the compensation awarded in a wrongful death lawsuit is not considered part of the deceased’s estate. Instead, it is distributed directly to surviving family members according to Georgia’s intestacy laws.

Average Wrongful Death Claim Settlements

It is impossible to put a “typical” number on these lawsuits and claims. Every situation can vary widely. However, cases may range from $500,000 to $1 million.

Again, every case is different. Consult a lawyer to understand what your family might receive. We aim to make financial recovery as easy as possible during this difficult time.

Punitive Damages

In Georgia, punitive damages can be offered in addition to compensatory damages in a wrongful death case. However, these are awarded rarely, only when the defendant’s conduct was particularly egregious, reckless, or intentional.

Punitive damages are meant to punish the defendant for the actions that led to the death and to deter similar behavior in the future.

Statute of Limitations for Wrongful Death Lawsuits in Macon

It’s important to remember that there is a deadline for filing your claim. In Georgia, the statute of limitations is typically two years from the date of death, giving you limited time to take action. However, certain circumstances may allow for more or less time.

To protect your family’s rights, it’s best to hire a Macon wrongful death attorney as soon as possible.

In some cases, the statute of limitations may be extended depending on specific factors. Here are a few scenarios where the time frame could change:

Unrepresented Estate

If either the plaintiff or defendant passes away and their estate doesn’t have an appointed executor or administrator, the deadline may extend up to five years.

The Defendant Leaves the State

If the defendant leaves Georgia, their absence won’t count toward the time limit, potentially extending the deadline until they return.

Underage Plaintiff

If the person pursuing the wrongful death claim is under 18 when the victim dies, they can file a lawsuit until their 20th birthday.

Filing Against a Branch of the Government

If you’re filing a claim against a government entity, you may have less time to act. Depending on whether it’s a city, county, state, or federal agency, you could have as little as six months or up to a year to file your lawsuit.

Our Macon wrongful death lawyers will look into the details of your loved one’s death and figure out which time limits apply to your case. We’ll also check if you might qualify for any extensions.

What Happens After You File a Claim?

A lawyer will assist in filing the complaint and presenting the wrongful death claim to the at-fault party’s representation. From there, both sides may engage in negotiations to reach a settlement. If an agreement isn’t reached, the case will move into the pre-trial phase.

While most claims are resolved without going to trial, there are instances where a lawsuit proceeds to court. An experienced attorney will help determine if pursuing litigation is the right choice for you and your family.

These cases can be complex and time-consuming, but they serve an important role in seeking justice for your loved one. If another party’s actions caused the death, they are responsible for the related costs.

How Hard Is It to Prove Wrongful Death?

Proving wrongful death can be complex, but a skilled attorney will guide you through the process.

There are four key elements to proving wrongful death:

Negligence

It must be shown that your loved one’s death resulted from another party’s negligent actions. Negligence refers to the failure to exercise reasonable care, which leads to harm or injury. In Georgia, the negligent party in an accident is responsible for covering related costs, including those arising from a fatal incident.

Breach of Duty

Every person has a “duty of care” toward others. For example, drivers in Georgia are expected to follow the rules of the road and ensure safety. To build a strong case, it’s necessary to demonstrate that the other party violated their duty of care toward your loved one.

Causation

There must be a clear connection between the breached duty and the death of your loved one. Establishing this link is crucial to holding the at-fault party accountable for the resulting costs.

Damages

The unexpected loss of your loved one has likely resulted in significant damage. Your claim should outline all the harm caused by the accident and their passing, and each aspect must be proven to qualify for wrongful death compensation. You don’t have to face this process alone—your attorney will work to establish the necessary facts and advocate 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 will assist in your pursuit of justice.

We do not collect a fee unless we win you compensation so that you can get started at no risk today. Call for a free consultation and guidance during this challenging time.