Macon, GA, Wrongful Death Attorneys

Are You in Need of a Wrongful Death Attorney in Macon, GA?

Losing a loved one is a devastating experience, and it’s even more disturbing when you find out that their death was the result of a senseless act of neglect or violence. It’s important to have the right people by your side to help you through this difficult time. The Macon personal injury attorneys at Butler Prather LLP will advise you about your legal options for seeking compensation from the person who took your loved one’s life.

Understanding Wrongful Death Claims in Macon, GA

What Constitutes a Wrongful Death in Georgia?

Legal Definition and Requirements

In Georgia, wrongful death is defined by statute as a death caused by the negligent, reckless, intentional, or criminal actions of another party. The law recognizes the right of certain family members to seek compensation for both the financial and emotional losses resulting from this type of death.

Common Causes of Wrongful Death

Wrongful death cases in Georgia commonly result from a variety of unfortunate events. Motor vehicle accidents, including car and truck collisions, are a leading cause, and this is often due to negligence, such as speeding, DUI, or distracted driving.

Medical malpractice is another significant cause of wrongful death. Hospitals and medical professionals may be held accountable when they fail to follow the accepted standard of care, and it results in a fatal outcome. Workplace accidents, particularly in industries involving heavy machinery or hazardous materials, can also lead to tragic losses.

Wrongful deaths can occur due to defective products, where manufacturers fail to ensure safety standards or provide adequate warning labels. Violent crimes, such as robbery, assault, or homicide, represent a more deliberate form of wrongful death.

Who Can File a Wrongful Death Claim in GA?

Eligible Family Members

In Georgia, the law specifies which family members are eligible to file a wrongful death claim. The surviving spouse has the primary right to bring forward a claim. If there is no surviving spouse, the deceased’s children may file. In cases where neither a spouse nor children exist, the parents of the deceased are eligible to pursue a claim. If none of these relatives are available, a representative may file on behalf of the deceased’s estate.

Why Choose Us Over Other Macon, GA, Wrongful Death Lawyers?

Butler Prather LLP has been getting justice for accident victims in Macon, GA, for over 35 years. You won’t find a more successful personal injury law firm anywhere in Georgia or across the county.

Butler Prather LLP: Wrongful Death Law Firm In Macon, GA

• We won a $1.7 billion verdict against Ford Motor Company.
• We’ve won landmark cases against some of the most powerful interests in the world.
• We’ve won nine verdicts over $100 million.
• We’ve won more than 60 verdicts and settlements over $10 million.
• We’ve won more than 175 verdicts and settlements over $1 million.
• Our firm has successfully represented clients in more than 30 states.
• Both partners are recognized by Super Lawyers based on peer reviews and independent research.

Call Butler Prather LLP to Learn More Today
Call (706) 322-1990 to schedule a FREE consultation with one of our wrongful death lawyers in Macon, GA.

Do I Have a Wrongful Death Case?

The victim’s survivors must provide evidence that the death was caused by another party’s negligence, recklessness, or intentional acts. This means that the deceased would have been entitled to pursue a personal injury claim had they survived. During your free initial consultation, Butler Prather LLP will review your case and advise you on the best strategy for moving forward.

How a Macon, GA, Wrongful Death Attorney Can Help

From filing the initial claim to pursuing a settlement or trial, each step requires detailed knowledge of legal procedures and filing requirements. An attorney ensures that all paperwork is accurately completed and submitted on time, adhering to legal provisions in Georgia.

A thorough investigation is a cornerstone of a successful wrongful death case. This process involves collecting and analyzing evidence such as police reports, medical records, witness statements, and any available video footage. Butler Prather LLP also works with accident reconstruction experts to understand the sequence of events and establish liability.

Our experienced litigators will also represent your family in negotiations with insurance companies or opposing counsel, advocating for a fair settlement. If the case proceeds to trial, we will present a compelling argument, utilizing evidence and witness testimonies to establish liability and demonstrate the extent of the family’s loss.

Economic damages in a wrongful death claim are intended to compensate the surviving family members for the financial contributions and support they have lost due to their loved one’s death. These damages are quantifiable and typically include the deceased’s lost wages and potential future earnings, reflecting their expected career trajectory and lifespan.

Economic damages may also include medical expenses incurred prior to the victim’s death in addition to funeral burial costs. These damages may also account for the loss of benefits, such as health insurance or retirement contributions, that the deceased would have provided. Calculating economic damages requires a detailed analysis of the deceased’s financial situation, often necessitating input from financial experts.

Noneconomic damages in a wrongful death claim address the non-financial aspects of the loss suffered by the deceased’s family. These damages are more subjective than economic damages and are related to the emotional and psychological impacts of the death.

Noneconomic damages may include compensation for the loss of companionship, love, and emotional support the deceased provided. They also cover a spouse’s loss of consortium, which encompasses the loss of intimacy and partnership.

Noneconomic damages can also account for the loss of parental guidance, care, and nurturing that the deceased would have offered to their children if the death had not occurred. Calculating these damages is often complicated because it requires assessing the qualitative impact on the family’s life. A wrongful death attorney relies on personal testimonies and psychological evaluations to illustrate the depth of the family’s suffering.

Don’t Wait: The Statue of Limitation for Wrongful Death Lawsuits

The statute of limitations for filing a wrongful death claim in Georgia is two years from the date of your loved one’s death. But exceptions can apply in certain circumstances, such as an ongoing criminal investigation.

There’s an additional reason why it’s important to hire a wrongful death attorney right away. You’ll want your lawyer to begin their investigation and interview witnesses as soon as possible while they still have a clear memory of the event.

Some of Our Wrongful Death Case Results

A jury in Lawrenceville, GA, returned a verdict against Ford Motor Company in a case arising out of a fatal rollover wreck that killed Melvin and Voncile Hill. The jury returned a wrongful death verdict, awarding the surviving children $24,030,500 for their pain and suffering in addition to $1.7 billion in punitive damages. The jury apportioned 70 percent of the fault to Ford and 30 percent of the damages against Pep Boys, a tire distributor that mistakenly installed the wrong size, or “load range,” tires of the Hills’ truck in 2010.

Four-and-a-half-year-old Remington Cole Walden was burned alive after the 1999 Jeep Grand Cherokee that he was riding in exploded into flames following a rear-impact collision with a pickup truck. The Grand Cherokee had a defective gas tank that Chrysler knew about; it was located behind the rear axle, only 11 inches from the rear, and hanging 6 inches below the bottom of the car.

There was a defective front passenger seat in the 1998 Dodge Caravan. Eight-month-old Joshua Flax received a fatal brain injury when the front passenger seat failed rearward, causing the passenger’s head to slam into Joshua’s head when the family’s minivan was hit from behind in a minor rear-impact accident.

What Our Clients Have to Say About Us

C. Willis. “They went above and beyond to help me. Whenever I needed questions, whenever I had to come to the office, they were always there for me. It’s just a nice law firm that really [cares] about their clients.”

Sarah S. “They did a wonderful job handling my case & I would highly recommend them to others. I was treated with compassion and respect and was extremely pleased with everyone I worked with at the firm.”

Bert J. “They take everything to heart. They really do work very well with you, and whatever your decisions are, they stand by them. They’re just a great firm[,] and I would recommend them to anybody.”

Let Butler Prather LLP Help You Today!

Call (706) 322-1990 to schedule a FREE consultation.

Wrongful Death Attorney FAQs

What Steps should I take after a loved one’s wrongful death?

Gathering important documents lays the foundation for any legal action the family may pursue. Essential documents include the death certificate, medical records detailing the cause, and any hospital or treatment invoices. It’s also important to obtain a copy of the police report for a death caused by a vehicle accident or an act of violence, and an accident report will be required if the death was the result of a workplace incident. Financial documents, such as the deceased’s pay stubs, tax returns, and employment records, will allow your wrongful death attorney to assess economic damages. Your next step is to contact an experienced wrongful death attorney. Butler Prather LLP guides families through this document collection process, ensuring that all necessary information is collected and preserved.

What are some common errors to avoid?

After experiencing a wrongful death, grieving families can inadvertently make mistakes that could negatively impact their case. One common error is discussing the case on social media, which can inadvertently provide information that might be used against them. It’s crucial to maintain privacy and avoid publicly sharing details about the incident or the family’s intentions. Another mistake is making recorded statements to insurance adjusters. Insurance companies often seek to minimize compensation, and any statements made could harm the claim. Signing documents or agreements without legal advice is never advisable because families may unknowingly waive their rights or settle for less compensation than they actually deserve. Consulting with a wrongful death attorney early can help avoid these pitfalls.

How much does it cost to hire a wrongful death attorney?

It shouldn’t cost you anything to seek wrongful death damages. Like most personal injury law firms, Butler Prather LLP takes wrongful death cases on a contingency fee basis. That means we only receive payment if the case is successful. A contingency fee arrangement offers significant advantages for families pursuing a wrongful death claim in Georgia. One key benefit is the elimination of upfront costs. This arrangement can make legal representation accessible to those who might otherwise be unable to afford it, ensuring that financial constraints do not impede the pursuit of justice.

Are punitive damages available in a wrongful death case?

In Georgia, punitive damages may be awarded in wrongful death cases to punish defendants for particularly egregious conduct and deter similar actions in the future. Unlike compensatory damages, which aim to cover the economic and noneconomic losses suffered by the family, punitive damages focus on the defendant’s behavior. For your lawyer to help you secure punitive damages, it must be proven that the defendant acted with willful misconduct, malice, fraud, wantonness, oppression, or a conscious indifference to consequences. This higher burden of proof makes achieving punitive damages more challenging but not impossible. Discussing the potential for punitive damages with your lawyer is crucial, as it can significantly impact the strategy and potential compensation in your case.

How can we choose a wrongful death attorney who’s right for our family?

There are many qualities you’ll want to look for, and it’s also a good idea to find someone who makes you feel comfortable. That’s why your consultation is such an important process of the selection process. Key qualities to look for include experience in handling wrongful death cases. Strong communication skills are essential, as they facilitate clear, open dialogue and ensure you understand each step of the legal process. Look for a lawyer with a track record of successful settlements and verdicts, demonstrating their ability to advocate effectively on behalf of clients. Compassion and empathy are also important, as they indicate the lawyer’s commitment to supporting you emotionally and understanding the profound impact of your loss. Finally, consider their negotiation skills and courtroom presence, which can be vital whether the case settles or goes to trial.

Will I need to go to court to get a fair wrongful death settlement?

Many wrongful death claims are resolved through settlements before reaching the trial stage. Settlements can be beneficial as they provide a quicker resolution and reduce the emotional toll of a prolonged court battle. Butler Prather LLP will negotiate with the defendant’s representatives to reach a fair agreement. However, if the parties involved cannot agree on a reasonable settlement, proceeding to court may become necessary.