Macon Wrongful Death Lawyer

Compassionate and Experienced Wrongful Death Lawyer, Macon, Georgia

Losing a loved one is one of the most devastating experiences anyone can face. The emotional turmoil can be overwhelming, leaving families grappling with grief, confusion, and sadness. When this loss is due to someone else’s negligence, the pain can become unbearable. Families may struggle not only with their emotional loss but also with practical concerns such as funeral expenses, medical bills, and the sudden loss of income, adding financial strain to their grief.

Without expert legal guidance from an experienced wrongful death lawyer, you risk being taken advantage of by insurance companies and adjusters or not receiving the compensation your family deserves. At Wetherington Law Firm, we understand the heartache of losing a loved one due to someone else’s negligence. Our team of experienced Macon wrongful death lawyers provides compassionate and professional legal representation, tailored to your unique circumstances.

Our dedication to achieving justice has resulted in substantial settlements and verdicts, over $100 million, helping families rebuild their lives. We fight tirelessly for your rights, ensuring those responsible for your loved one’s death are held accountable. According to Georgia law, particularly O.C.G.A. § 51-4-2, the deceased’s family or estate can pursue a wrongful death claim.

If you have lost a loved one due to someone else’s negligence, you don’t have to face this difficult time alone. Contact us today for a free consultation. All our cases are on a contingency basis, so you do not have to pay us until we win. Let us help you understand your rights and explore your options. Together, we can work towards holding the responsible parties accountable and securing the compensation you need to begin healing and moving forward. Call us now for free consultation today!

Why Choose Wetherington Law Firm for Your Wrongful Death Case?

At Wetherington Law Firm, we understand the profound impact of losing a loved one due to someone else’s negligence. Our compassionate team is dedicated to providing personalized, attentive representation tailored to your unique situation. With years of experience in wrongful death and personal injury cases, we have a proven track record of securing favorable outcomes for our clients, ensuring they receive the compensation they deserve.

Our commitment to client advocacy means we will handle every aspect of your case, allowing you to focus on healing. We prioritize open communication, keeping you informed every step of the way. Trust in our comprehensive knowledge of Georgia laws and our relentless pursuit of justice to guide you through this challenging time. 

All our cases are on contingency basis so we don’t charge you until we win. Get in touch with our experienced Macon wrongful death attorney to discuss the complexities of your claims.

What is Wrongful Death? 

Georgia Code § 51-4-1 identifies a wrongful death as one caused by crime, negligence, or defective property. This law encompasses both intentional criminal acts, like homicide, but also accidents caused by negligence. A wrongful death action is a legal proceeding available to the deceased’s family to seek compensation for losses.

We have brought wrongful death claims for deaths caused by:

• Car accidents
• Truck accidents
• Premises liability accidents
• Dog attacks
• Product liability
• Medical malpractice

We have used a variety of evidence to show negligence or fault. For example, if your loved one was killed in a trucking accident, we might visit the scene of the crash. Eyewitnesses can testify as to what happened, and we might secure electronic records from the truck. Based on what we find, we might argue the trucker was negligent because he drove too fast or for too long.

Similarly, if a defective product caused the death, we can inspect it with the help of an expert. We will look for the defect that caused your loved one’s fatal injuries.

Who Can File a Wrong Death Claim? 

This is a civil lawsuit filed in civil court for monetary damages. For that reason, the prosecutor does not file the lawsuit, even if your loved one died in an intentional attack.

Georgia’s Wrongful Death Act outlines the qualifications for filing a wrongful death claim and the potential compensation involved.

Instead, a close family member will need to file the suit. Georgia law gives priority to the following:

• Surviving spouse
• Surviving children or grandchildren if there is no spouse
• Surviving parents if there is no spouse or child/grandchild
• Estate administrator or executor, if none of the above survive

Under this scheme, if a spouse survives the deceased, only the spouse can file the lawsuit. If you have questions about filing, consult a Macon wrongful death lawyer.

How Can I Calculate Damages for a Wrongful Death? 

Because this is a civil suit, a court will order the defendant to pay money damages if they are liable for your loved one’s death. The standard is proof by a preponderance of the evidence—meaning, that it is more likely than not that the defendant caused your loved one’s death. That’s a lower standard than proof beyond a reasonable doubt (which is the criminal standard).

Damages compensate victims for their losses. In Georgia, you can seek compensation for the “full value” of your loved one’s life, which might include:

• Lost wages and benefits
• Lost services the deceased performed
• Lost companionship, care, and counsel

A Macon wrongful death lawyer can help you calculate these losses. For example, lost wages and benefits are fairly easy to add up. We look at how much your loved one made at death, plus their age and education. We can then calculate a reasonable amount they likely would have made had they lived.

Lost services are similar. If your wife did all the cooking and cleaning, you need to hire someone to perform those services. We can use the market rate to calculate the value.

Loss of companionship and care, however, is different. No amount of money can ever replace the love of a spouse, parent, or child. Still, we use our experience to estimate how much you might receive. If your case goes to trial, a jury will use their common sense to assign a value. Here’s how to calculate personal injury settlement claims including wrongful death.

How Long Do I Have To File a Wrongful Death Claim? 

You have a limited amount of time to file this lawsuit. Under Ga. Code § 9-3-33, you get two years from your loved one’s death to file. If your wife was killed immediately in a car accident on July 1, 2022, then you must file before July 1, 2024.

The clock is stopped (or “tolled”) in some situations:

• If your loved one’s estate hasn’t been probated yet, then the clock can be tolled for up to 5 years.
• If your loved one was killed in a crime, then the clock doesn’t start until the criminal case is completed. It can be tolled for up to 6 years.

What Types of Compensation Are Available In Wrongful Death Cases?

In wrongful death cases, several types of compensation are available to the family or estate of the deceased. These compensations aim to cover various losses and damages resulting from the wrongful death:

• Economic Damages: This includes the lost wages and benefits the deceased would have earned if they had lived. It can cover future earnings potential, considering the deceased’s age, career, and health before death.
• Medical and Funeral Expenses: Any medical expenses incurred due to the incident leading to death, as well as funeral and burial expenses, can be claimed.
• Loss of Companionship and Support: Compensation can be sought for the loss of love, companionship, comfort, and care that the deceased provided to family members.
• Pain and Suffering of the Deceased: If the deceased endured pain and suffering before death, compensation might be available for this period of suffering.
• Punitive Damages: In cases where the wrongful act was particularly egregious or intentional, punitive damages might be awarded to punish the wrongdoer and deter similar future conduct.

Can I File a Claim if The Deceased Person Was Partially at Fault?

Yes, you can still file a wrongful death claim even if the deceased person was partially at fault for the incident that led to their death. In Georgia, the rule of modified comparative negligence applies, as stated in O.C.G.A. § 51-12-33. This means that as long as the deceased was less than 50% responsible for the accident, a claim can still be filed. However, the total amount of compensation available will be reduced by the percentage of fault attributed to the deceased.

For instance, if the deceased was found to be 20% at fault, the total compensation awarded would be reduced by 20%. It’s important to understand that determining fault in such cases can be complex, and the proportion of fault will directly affect the compensation amount.

What Are The Qualities of a Good Wrongful Death Lawyer? 

It can get a little difficult to identify a competent wrongful death lawyer in Macon due to multiple self-acclaimed practitioners. A good, qualified, and compassionate attorney has the following qualities:

• Expertise and experience: The first thing to look out for in a wrongful death lawyer is extensive experience in handling wrongful death cases. Their rich experience will significantly impact the outcome of your case.
• Compassion and understanding:  Look for a wrongful death lawyer who understands the pains that come with losing a loved one. An attorney with such emotional solidarity will provide you with the support you need throughout the legal process and also help you get a favorable outcome.
•  Strong communication skills:  Effective communication in a complex case, such as a wrongful death is crucial. Therefore, your attorney should be willing to explain complex procedures to you and guide you in your decision-making every step of the way.
• Proven track record of success: A good attorney should have a track record of cases won for previous clients. It is not enough to be a skilled attorney, the most important thing is that you can rest assured your case is in safe hands.
• Client-centered: A lawyer who prioritizes your interest before their personal gains are who you should go for. They will put their expertise on to get you favorable wrongful death cases. 

What Should I Do Immediately After a Loved One’s Wrongful Death?

After the wrongful death of a loved one, it’s crucial to gather any available evidence, such as accident reports, witness contact information, and photographs. Here’s what to do immediately if you suspect wrongful death:

• Ensure Safety: If the death occurred due to an accident, ensure that the is safe and that no further harm can occur.
• Notify Authorities: Contact local authorities to report the death and allow them to investigate, if necessary. This may involve law enforcement or emergency medical services.
• Document the Scene: If possible, take photos and gather evidence related to the circumstances surrounding the death.
• Gather Important Documents: Collect any relevant documents, such as medical records, insurance policies, and legal documents, which may be important for future proceedings.
• Notify Family Members: Inform close family members or friends about the passing. This is an important step in ensuring support and solidarity during this difficult time.
• Consult a Wrongful Death Attorney: Seek legal advice from an attorney experienced in wrongful death cases to understand your rights and options for pursuing a claim.
• Understand Wrongful Death Lawsuit: Consulting a lawyer is crucial to determine the potential for filing a wrongful death lawsuit. They can help navigate the complexities of the legal process and ensure eligible survivors receive the compensation they deserve.
• Avoid Talking to Insurance Companies: Refrain from discussing the circumstances of the death with insurance adjusters or representatives without legal counsel present.
• Consider an Autopsy: If the cause of death is unclear or suspicious, an autopsy may be necessary for clarity and legal purposes.
• Seek Emotional Support: Reach out to family, friends, or professional counselors to help navigate the emotional challenges that arise.
• Plan for Funeral Arrangements: Begin discussing and organizing funeral or memorial services, considering the wishes of the deceased and the family.

How Long Does a Wrongful Death Case Take?

The duration of a wrongful death case can vary significantly based on several factors, including:

1. The complexity of the case: More complicated cases that involve multiple liable parties, extensive evidence, or significant legal disputes typically take longer to resolve.
2. Investigation time: The time required to collect evidence, gather witness statements, and conduct thorough investigations can extend the timeline.
3. Negotiation process: If the case is settled out of court, negotiations with insurance companies can take weeks or months. If negotiations fail, the case may proceed to trial.
4. Court scheduling: If the case goes to trial, court schedules and availability of judges can significantly impact the timeline.
5. Jurisdiction: Different jurisdictions have varying court processes and timelines, affecting how long cases take to resolve.

Generally, wrongful death cases can take anywhere from several months to a few years to settle or reach trial. It’s essential to work with an experienced wrongful death attorney to facilitate the process and keep you informed of your case’s status.

What Evidence is Needed to Prove a Wrongful Death Claim?

To prove a wrongful death claim, you need evidence such as the death certificate, medical records linking the death to the defendant’s actions, and financial documentation reflecting the deceased’s earnings and funeral expenses. Additional supporting evidence may include eyewitness statements, expert testimony, and proof of the emotional distress on surviving family members.

Can I Still File a Wrongful Death Claim if the Deceased Had a Pre-existing Condition?

Yes, you can still file a wrongful death claim if the deceased had pre-existing condition, as long as you can prove that the defendant’s actions contributed to or exacerbated the condition, leading to the death. It’s essential to demonstrate a direct link between the defendant’s conduct and the fatal outcome, which may require expert testimony or medical evidence.

Contact Our Macon Wrongful Death Lawyer Today

Wrongful death cases are complicated. During this difficult time, you need a reliable, compassionate lawyer in your corner to guide you through the claims process. Let us help. Macon wrongful death and personal injury lawyer Matt Wetherington at the Wetherington Law Firm can quickly analyze your case and begin gathering essential evidence if you contact us today.

Do not bear the burden of grief alone, let us help you seek justice and compensation for your losses and emotional pains. Get in touch with our Macon wrongful death attorney team today. All our cases are on a contingency basis so you don’t pay us until we win.