When you lose someone you love because of a fatigued truck driver, drunk motorist or safety violations on a construction site, an experienced Macon wrongful death lawyer can answer your questions and represent you in protecting your legal rights, and seeking compensation for medical bills, funeral expenses and lost financial support. Family members coping with the premature loss of a loved one resulting from a violent criminal act or a preventable accident can experience especially intense pain.
While insurance claims and financial issues might not seem like a priority when confronting the emotional hardships of the death of a family member, the financial recovery from a wrongful death claim, or if necessary a lawsuit, can provide necessary financial support for surviving family members when a breadwinner dies. Our Macon wrongful death attorneys handle the legal and insurance issues for our clients so that they can focus on overcoming their grief. Montlick and Associates is committed to providing a voice to those who have been silenced by the negligent, reckless and intentional acts of others. We have been seeking monetary compensation for surviving family members in Macon and throughout Georgia and the southeast for over thirty years.
Wrongful Death Law in Macon, Georgia
There are essentially two categories of wrongful death under Georgia wrongful death laws:
Intentional Misconduct: These cases typically involve criminal activity, such as murder, vehicular manslaughter, elder abuse and similar types of criminal acts that cause a fatality. When a wrongful death is the result of a criminal offense, the responsible party typically will face a criminal prosecution, but civil litigation provides a basis for obtaining financial compensation for the victim.
Negligent Conduct: In broad terms, Georgia wrongful death law defines wrongful death in such cases as a fatality caused by the failure of an individual to exercise reasonable care. There are many types of unsafe behavior that can create hazards and cause accidents, such as:
• Reckless driving
• Texting and driving
• Motorcycle accidents
• Trucking companies that fail to comply with safety regulations
• Construction accidents
• Negligence by health care providers
• Incidents involving defective products
• Slip, trip and falls involving the elderly
Georgia wrongful death claims generally will be brought by a surviving spouse, or if there is no surviving spouse, the action may be brought by a surviving child. Even if a spouse brings the action, the proceeds of the wrongful death lawsuit also must be shared with the children of the decedent. See O.C.G.A. §51-4-2. The percentages distributed between a surviving spouse and the children of the decedent depends on the number of children so you might want to ask an experienced Macon wrongful death attorney about the appropriate distribution in your case. Finally, if there are neither spouse nor children of the deceased, the right to sue falls to the decedent's surviving parents and, if there are no parents, then to the decedent's estate.
Under Georgia wrongful death law, there are three general categories of damages that can be available in a legal action involving a fatal injury:
• Medical, funeral and other necessary expenses stemming from the injury or death of the decedent (O.C.G.A. §51-4-5(b))
• Full value of life of the decedent (O.C.G.A. §§51-4-2(a), 19-7-1(c)(1)).
• Pain and suffering, medical bills and other damage arising between the time of injury and death (§9-2-41) (This portion of the wrongful death case is referred to as a "survival action.").
The determination of the types of compensation available and value of your claim will depend on the unique facts, but you can obtain more specific information about your situation by scheduling a free consultation with an experienced Macon wrongful death attorney at Montlick and Associates.
Representing Macon Wrongful Death Victims and Their Families for More than 36 Years
Our Team of Macon wrongful death lawyers at Montlick & Associates have been representing the families of wrongful death victims for over thirty years. If your loved one suffers a wrongful death, we invite you to call us for a free consultation today. No matter where you are located, our Macon wrongful death lawyers are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-523-6333). You also can visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.