If You’ve Lost a Loved One, Let a Wrongful Death Attorney Help You.
Losing a loved one is incredibly difficult. As any Macon wrongful death lawyer can attest, that loss is made even worse for families when the death was a result of negligence. Such wrongful death tragedies are devastating emotionally and, in many cases, financially.
A wrongful death lawyer from the Mann Law Firm can help Macon and Middle Georgia residents who have suffered a wrongful death in their family to obtain compensation. If a member of your family has been killed as a result of a negligent act, contact a Macon wrongful death attorney today at (478) 742-3381 or through our online form for a free initial consultation about your legal options.
WHO IS ELIGIBLE FOR COMPENSATION FOLLOWING A WRONGFUL DEATH?
Georgia law, in Title 51, Chapter 4, outlines who can seek compensation in a wrongful death lawsuit and how damages (i.e., compensation) can be calculated and paid to eligible survivors.
- In general, first the spouse and then the children of a person who has died a wrongful death are eligible for compensation.
- If there is no spouse or child, then the parents of the deceased have a right to a claim.
- If there is no spouse, child, or parent, then a personal representative may be appointed who will be eligible to make a claim for damages, which will be held for the remaining “next of kin” as determined by the courts, including siblings of the deceased.
DETERMINING WHETHER WRONGFUL DEATH OCCURRED
WHAT CONSTITUTES WRONGFUL DEATH?
To prevail in a wrongful death lawsuit, an eligible survivor, or the estate, must show that a wrongful or negligent act on the part of the defendant(s) caused the death.
The law does not indicate that any specific causes of death are eligible or ineligible for wrongful death claims. Therefore, if an unexpected death occurs, it is crucial that surviving family members contact an experienced Macon wrongful death lawyer. Someone’s negligence may have caused the death.
INVESTIGATING WRONGFUL DEATH CLAIMS
A wrongful death case requires a thorough investigation. Documents should be obtained and witnesses should be interviewed while their memories are fresh. People who lose a loved one on whom they depended financially and emotionally deserve to be compensated for their losses, but aggressive legal help is usually required to realize that goal. Attorneys at the Mann Law Firm can obtain the information crucial to your case.
After working for the legal department of a large insurance company, Attorney David Mann joined his family law firm, fighting for justice and fair representation for residents of the Macon area. Today, the Mann Law Firm’s legal team provides the care and support that families involved in wrongful death cases deserve.
WRONGFUL DEATH FAQ
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HOW LONG DO YOU HAVE TO FILE A WRONGFUL DEATH CASE IN GEORIGA?
A person filing a wrongful death case in Georgia has two years from the date of the death to file a wrongful death claim. After this two-year statute of limitations passes, you will be unlikely to successfully file a wrongful death case. If the case involves criminal conduct, however, the wrongful death case cannot begin until the criminal case is resolved.
While grieving the loss of a loved one takes time, beginning a wrongful death case sooner rather than later can improve your likelihood of recovering compensation. Your wrongful death lawyer in Macon, GA, needs time to adequately review a case and gather evidence. Providing as much time as possible can result in a stronger case.
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WHO CAN FILE A WRONGFUL DEATH CLAIM?
A person filing a wrongful death claim must have a direct familial relationship to the decedent. An employer or a friend, for example, cannot file a wrongful death claim. Family members who can file a claim include the accident victim’s spouse, children, and parents.
If none of those parties can file a claim, the person representing the decedent’s estate can file a wrongful death claim.
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WHAT DAMAGES ARE AWARDED FOLLOWING A WRONGFUL DEATH CASE?
Damages awarded following a wrongful death case can vary. However, damages often include compensation for lost income that a deceased person would have provided. Damages available include:
- Compensation for medical bills
- Compensation for funeral expenses
- Loss of wages and future earnings
- Compensation for mental pain and suffering on part of survivors
- Loss of companionship
- Loss of retirement and work benefits.
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CAN PUNITIVE DAMAGES BE AWARDED FOLLOWING A WRONGFUL DEATH?
Punitive damages are a special type of damages that provides additional compensation in order to punish the defendant. If the party who caused the wrongful death was reckless and indifferent to the safety of others, punitive damages may be awarded.
Punitive damages are not as commonly offered, as they involve extra compensation on top of what’s normally awarded. However, a wrongful death lawyer may be able to make a case for punitive damages.
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HOW MUCH IS MY WRONGFUL DEATH CASE WORTH?
A monetary value can never be placed on the loss of someone’s life. When people die tragically following accidents, their loved ones face a long and difficult grieving process.
Determining a wrongful death case’s worth, then, often comes down to a Macon wrongful death attorney’s analysis of quantifiable values. Compensation is typically based on your mental pain and suffering and the decedent’s . . .
- Income and wage-earning capacity
- Medical expenses related to the accident or deadly event
- Pain and suffering
- Value of household chores and similar tasks
- Burial and funeral expenses.
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HOW LONG DOES A WRONGFUL DEATH CASE TAKE?
The timeframe for a wrongful death case in Georgia is affected by various factors. Cases could be resolved in several weeks or may take years. Families must be in agreement on how (and whether) to proceed with a wrongful death case. The condition of the decedent’s estate can also affect the case’s timing. If the decedent had a will and clear plans for his estate, that could speed-up the timeframe.
The surviving family’s wishes also influence total time. Those hoping to settle quickly and move on with recovery could expect a faster case than families who may want to make an example of an allegedly at-fault party’s conduct.
The defendant’s attitude toward an alleged wrongful death also plays a role. A defendant who denies responsibility for a death may prolong the case by mounting a lengthy defense. Conversely, a defendant who accepts responsibility for a death may seek to settle quickly.
CAUSES OF WRONGFUL DEATH
Incidents that may lead to a wrongful death lawsuit include, but are not limited to:
- Car accidents – including those caused by drunk or drugged drivers and distracted drivers – often necessitate the assistance of a seasoned legal professional specializing in these cases, commonly referred to as a motorcycle accident lawyer, to navigate the legal complexities and seek justice for the victims.
- Commercial truck accidents – including incidents in which a truck driver or a carrier company has violated Federal Motor Carrier Safety Administration (FMCSA) regulations
- Motorcycle accidents – including those caused by drunk and drugged driving accident statistics and distracted drivers.
- Medical malpractice – including claims against a health care provider or a medical facility – can lead to a medical malpractice lawsuit, which seeks legal recourse for instances of negligence or substandard care.
- Construction accidents – caused by any number of on-the-job construction site risks
- Violent crimes – including cases of crime facilitated by deficient security at a public place
- Defective products – including drugs, medical devices, vehicles, equipment, and other products that can have deadly defects
- Over-serving – alcohol served to an intoxicated person resulting in an accident due to intoxication
- Nursing home negligence and abuse – negligence or abuse resulting in a nursing home resident’s needless death.
DEFENDENTS’ CLAIMS DURING A WRONGFUL DEATH CASE
WHAT ARGUMENTS DO A DEFENDANT’S WRONGFUL DEATH LAWYER MAKE?
In many wrongful death cases, a defendant’s wrongful death attorney will attempt to shift blame. Instead of saying that an accident or a defendant caused a death, the defense might say that a person’s own actions contributed to their death.
In a case involving automobile accidents, for example, the defense may say that the decedent was drowsy or under the influence of drugs or alcohol when a fatal crash occurred. Or, if the fatal accident happened in the workplace, the defense might say that a decedent failed to follow safety parameters. In the case of an alleged wrongful death due to medication complications, the defense could say that a decedent failed to read warning labels.
RESPONDING TO THE OTHER SIDE’S CLAIMS
It can be exhausting and emotional to listen to attacks against your deceased loved one as the defense works to shift the blame from itself. Your Macon wrongful death lawyer is ready to handle these counterattacks and counterarguments, however. After building a solid case, your attorney can anticipate a defendant’s claims and provide solid evidence demonstrating negligence.
WHY SHOULD I CONTACT A WRONGFUL DEATH ATTORNEY?
If a loved one was killed because of someone else’s negligence or harmful actions, it’s important to hold responsible parties accountable. Whether a reckless driver, a careless employer, or a heedless manufacturer allegedly caused your loved one’s death, their actions should not go unaccounted for.
Further, your family may well experience financial hardship as a result of a decedent’s absence. He or she may have provided financial support for your household, and certainly provided companionship and emotional support as well. These losses shouldn’t go uncompensated. That’s why a wrongful death lawyer in Macon, GA, can and should help to support your case.
CONTACT A MACON WRONGFUL DEATH ATTORNEY TODAY
If a loved one of yours has died as a result of a negligent or intentionally harmful act, an experienced Macon wrongful death lawyer from the Mann Law Firm can help you obtain the compensation that you and your family are owed. No amount of financial damages will make up for a lost loved one. But you should not have to face added financial stresses on top of grief.
Residents in Macon, Dublin, Warner Robins, Milledgeville, and other parts of Georgia can contact an experienced wrongful death lawyer today at (478) 742-3381. We invite you to schedule a free and confidential initial consultation about your case.
Client Testimonial
”Mr.Mann an Mrs.Gail were very professional an very nice. They help me all the way up until my case was closed out.” – Bridgette Stanley (Google Review)
Attorney David Mann
Before leading his own firm, Mann served for several years as in-house defense counsel for a large insurance company, which gives him unique insight into how insurance companies work. He uses this critical knowledge as an advantage for his clients. He is a tough negotiator and litigator, and he is exceptionally strategic in building cases on behalf of personal injury victims.[ Attorney Bio ]
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