In our practice, we routinely encounter individuals grappling with the unexpected and devastating loss of a loved one. One of the ways we assist such clients is by guiding them through the complex process of filing a wrongful death claim. Today, I want to share a simple guide on how to file a wrongful death claim in Macon, Georgia.
Before we delve into the steps, it’s crucial to understand what wrongful death is. In Georgia, wrongful death refers to a death caused by another person’s negligent, reckless, intentional, or criminal acts. Examples include deaths resulting from car accidents, medical malpractice, workplace accidents, and violent crimes.
1. Determine Eligibility to File a Claim
In Georgia, the right to file a wrongful death claim primarily lies with the surviving spouse, children, or parents of the deceased, in that order. If the deceased has no immediate family, the executor of the deceased’s estate may file the claim.
2. Retain a Qualified Wrongful Death Attorney
The wrongful death claim process is fraught with legal complexities that require the expertise of an experienced attorney. At McArthur Law Firm, we have dedicated wrongful death attorneys who understand the intricacies of Georgia’s wrongful death statutes and can provide you with the best possible representation.
3. Conduct a Thorough Investigation
Your attorney will conduct a comprehensive investigation to establish the cause of death and identify the parties at fault. This process may involve gathering evidence, interviewing witnesses, consulting experts, and researching relevant laws and precedents.
4. File the Wrongful Death Claim
Once the parties at fault have been identified, your attorney will file a wrongful death lawsuit against them. This involves drafting and filing legal documents, also known as ‘pleadings’, with the court. In Georgia, you typically have two years from the date of death to file a wrongful death claim, so it’s crucial not to delay this process.
5. Negotiate a Settlement or Proceed to Trial
After the claim is filed, the defendant’s attorneys may propose a settlement to avoid going to court. If the proposed settlement is fair and adequate, you may choose to accept it. However, if a fair settlement cannot be reached, the case will proceed to trial. Your attorney will present evidence, cross-examine witnesses, and make legal arguments on your behalf.
6. Collect the Damages
If your claim is successful, you may receive damages for the full value of the life of the deceased, which includes both economic (like lost wages and benefits) and non-economic damages (like loss of companionship and emotional distress).
Remember, each wrongful death case is unique, and the process may vary depending on specific circumstances. At McArthur Law Firm, we are committed to providing personalized and effective legal representation to those who have lost a loved one due to someone else’s negligence or misconduct. If you believe you have a wrongful death claim, don’t hesitate to reach out to us. We are here to help you navigate this challenging time and seek the justice your loved one deserves.
