Losing a loved one is always heartbreaking and painful. That pain becomes even harder to bear if you learn that the accident was the result of negligence from another person
If you suspect that someone else’s reckless actions caused your loved one to die and that their loss was preventable and avoidable, you should reach out to a compassionate personal injury attorney. A Macon wrongful death lawyer could review the details of your family member’s death to see if you might have a potentially successful claim for compensatory damages.
Grounds for Filing a Wrongful Death Claim in Macon
Wrongful deaths occur when one person dies as a result of another person’s actions or inactions. In other words, if the at-fault person had not acted in a particular manner, then the death could have been avoided or prevented. People can suffer wrongful deaths at any age, regardless of their medical history.
Often, when a preventable death occurs because of someone else’s mistake, the deceased’s family could file a wrongful death suit. Most frequently, wrongful death claims in Macon often involve losses resulting from the following types of incidents or accidents:
- Car accidents and commercial trucking crashes
- Surgical and medical malpractice
- Accidents at other people’s homes or businesses, such as slip and falls
- The use of dangerous or defective products
- Workplace accidents, including construction site accidents
- The use of dangerous medications
- Intentional acts of violence
Generally, if the deceased person would have been eligible to proceed with a legal personal injury case against the at-fault person, then some of their family members would have similar cause to bring a wrongful death suit. A wrongful death attorney in Macon could look into the circumstances surrounding the death to determine if there is sufficient cause to pursue a legal claim.
Eligible Claimants in a Macon Wrongful Death Suit
A death can affect many people. Immediate family members, extended family members, and even close friends can suffer greatly following a loss. However, not every person who grieves the loss of their loved one can file a legal claim regarding that death. Under Georgia law, only certain parties are eligible for redress.
According to Georgia Code § 51-4-2, the first eligible party is the deceased person’s surviving spouse, who can file a claim on behalf of themselves and any of their minor children that they shared with the decedent. If the claim is successful, the court would likely award the spouse at least a one-third share of the proceeds. If there is no surviving spouse or children, the decedent’s parents or an estate representative can bring a claim.
A Macon accidental death lawyer could meet with a family to let them know whether they have legal grounds and eligibility to file a claim.
After a sudden death, the last thing that many family members want to be concerned with is a potential legal claim. However, it is critical that a family meets with an attorney as soon as possible to discuss the matter. Over time, witnesses begin to forget what they saw and heard, and evidence could become lost. In addition, in most circumstances, Georgia law requires family members to file suit within two years of a death.
Macon Personal injury Lawyers at Childers & McCain, LLC Help Families Tackle Wrongful Death Claims
After losing your loved one in a senseless accident, you might find it hard to think about a legal battle. A Macon wrongful death lawyer knows how hard it is. At Childers & McCain, LLC, fierce advocacy is a top priority. They could help you work towards a settlement or litigation outcome that allows you to rebuild your life after your loved one’s loss. Contact the office today at 478-254-2007 or contact us online for a free consultation.