Bibb County Wrongful Death Lawyers

Losing a loved one is never easy, but when their death is caused by someone else’s negligence or wrongful actions, the pain is even more devastating. Families are left grieving while also facing financial uncertainty, unexpected medical bills, and funeral expenses.

At Childers & McCain, LLC, our Bibb County wrongful death lawyers are dedicated to helping families seek justice and financial stability after such a loss. While no amount of compensation can replace your loved one, a wrongful death lawsuit can help provide the support and accountability necessary to move forward.

What Is a Wrongful Death Claim?

A wrongful death claim is a type of civil lawsuit filed when a person dies as a result of another party’s negligence, recklessness, or intentional misconduct. These claims allow surviving family members to seek financial compensation for the losses suffered due to their loved one’s untimely death. In Bibb County and throughout Georgia, wrongful death lawsuits must follow specific legal guidelines to ensure the rights of surviving family members are protected.

Under Georgia law, a wrongful death claim aims to compensate for the full value of the deceased’s life, including economic and non-economic damages. This differs from a criminal case, which seeks to punish the at-fault party rather than provide financial relief to the victim’s family.

Who Can File a Wrongful Death Claim in Georgia?

The state of Georgia has strict guidelines regarding who is eligible to file a wrongful death claim. According to O.C.G.A. § 51-4-2, the following individuals have the legal right to bring a wrongful death lawsuit in order of priority:

• The spouse of the deceased. If the deceased was married, their spouse has the primary right to file the claim. If the couple had children, the spouse must also represent their interests. However, the spouse cannot receive less than one-third of the total compensation, regardless of the number of children.
• The children of the deceased. If there is no surviving spouse, the deceased’s children may file a claim.
• The parents of the deceased. If the deceased had no spouse or children, their parents may bring a lawsuit.
• The personal representative of the estate. If none of the above parties exist or wish to file, the executor or administrator of the deceased’s estate can pursue the claim. Any recovered damages would then be distributed to the deceased’s next of kin.

What Damages Can Be Recovered in a Wrongful Death Case?

A wrongful death lawsuit seeks to compensate surviving family members for the full value of the deceased’s life from both a financial and emotional standpoint. Damages in a Georgia wrongful death case are divided into two main categories:

1. Compensation for the Full Value of Life

• Lost Wages and Benefits: Compensation for the earnings the deceased would have provided to their family over their lifetime.
• Loss of Companionship: The emotional loss experienced by surviving family members, including the loss of parental guidance, emotional support, and love.
• Pain and Suffering of the Survivors: The emotional anguish and distress suffered due to the loss of a loved one.

2. Compensation for the Estate

• Medical Expenses: Any medical costs related to the deceased’s final injury or illness.
• Funeral and Burial Costs: Reasonable expenses for laying the deceased to rest.
• Conscious Pain and Suffering: If the deceased experienced pain before passing, their estate may be entitled to compensation for their suffering.

Additionally, in cases involving gross negligence or intentional misconduct, punitive damages may be awarded to punish the responsible party and deter similar behavior in the future.

Common Causes of Wrongful Death in Bibb County

Wrongful death claims can arise from a variety of circumstances. Some of the most common causes include:

• Car Accidents: Negligent driving, such as speeding, distracted driving, or DUI, can result in fatal crashes.
• Truck Accidents: Commercial truck collisions often lead to severe or fatal injuries due to the size and weight of the vehicles involved.
• Motorcycle Accidents: Due to their lack of protection, motorcyclists are especially vulnerable to fatal accidents caused by negligent drivers.
• Medical Malpractice: Fatal medical errors, such as misdiagnosis, surgical mistakes, or improper medication, may constitute wrongful death.
• Workplace Accidents: Dangerous job conditions, lack of proper training, or faulty equipment can lead to deadly workplace injuries.
• Nursing Home Abuse or Neglect: Elderly individuals in care facilities may suffer fatal harm due to abuse, malnutrition, or medical negligence.
• Defective Products: The manufacturer or distributor may be held liable when a faulty product causes a fatal accident.

How Long Do You Have to File a Wrongful Death Lawsuit in Georgia?

Georgia has a two-year statute of limitations for filing wrongful death claims. This means surviving family members must file the lawsuit within two years of the deceased’s passing. However, exceptions may apply:

• If the wrongful death resulted from a criminal act, the statute of limitations may be paused until the completion of the criminal case.
• If the deceased’s estate has not been probated, the statute of limitations may be extended for up to five years.

Because time-sensitive legal rules apply, it is critical to consult with a Bibb County wrongful death lawyer as soon as possible to ensure your rights are protected.

How a Wrongful Death Lawyer Can Help

Navigating a wrongful death lawsuit can be overwhelming, especially when grieving. An experienced lawyer can provide critical support by:

• Investigating the Case: Gathering evidence, witness statements, and expert testimony to build a strong claim.
• Negotiating with Insurance Companies: Insurance providers often try to minimize payouts, but a lawyer will fight for fair compensation.
• Filing the Lawsuit: Ensuring all legal paperwork is correctly completed and deadlines are met.
• Representing You in Court: If a fair settlement cannot be reached, a lawyer will advocate for your trial.

Why Choose Childers & McCain, LLC

At Childers & McCain, LLC, we provide compassionate and aggressive representation to families who have lost loved ones due to negligence. Our firm stands out because:

• We prioritize personal attention. Every case is handled with care and dedication to the family’s needs.
• We have extensive experience. Our lawyers have a successful track record of handling wrongful death claims.
• We fight for maximum compensation. We understand the long-term financial and emotional impact of wrongful death and work to secure the best outcome for our clients.

Contact Our Bibb County Wrongful Death Lawyers at Childers & McCain, LLC Today

If you have lost a loved one due to negligence, you do not have to navigate this process alone. Our Bibb County wrongful death lawyers at Childers & McCain, LLC are here to help you seek justice and financial security for your future. Call 478-254-2007 or contact us online for a free consultation. Located in Macon, Georgia, we serve clients in Savannah, Albany, Atlanta, Bibb County, Chatham County, Columbus, Crawford County, Oglethorpe, and Peach County.