The death of a loved one is never easy, but knowing that their death was caused because of another person’s negligence is incomprehensible. Wrongful death can happen due to a variety of different factors. For example, maybe a negligent doctor made a mistake during surgery that led to death. Or perhaps your loved one was killed in a drunk driving accident. In that case, the person who served alcohol to the impaired individual could be at fault. Another example is a car manufacturer installing a faulty vehicle part and not making owners aware of a recall. In any of these scenarios, someone was negligent, and death could have been prevented. This means it’s time to hire a wrongful death suit attorney in Macon, Georgia.
As a family member, you have the right to sue and receive damages after your loved one has passed away. Wrongful death suits can be complex and rules vary by state, so it’s best if you can find an attorney to help guide you through the process. Take some time to understand what qualifies as a wrongful death suit and contact Reynolds, Horne & Survant with any questions.
What Qualifies as Wrongful Death?
A wrongful death is one in which negligence takes place, and that negligence causes someone to die. It can be because of medical malpractice, drunk driving, improper manufacturing, and more. If a person would be eligible to sue for personal injury but can’t because they were killed in the accident, then the suit falls under the wrongful death category. Here are some situations where a wrongful death suit is appropriate:
- Negligent driver causing a deadly accident
- Drunk driver causing a fatal accident
- Medical malpractice leading to death
- Faulty roadway causing death
- Faulty vehicle part that the manufacturer was aware of but didn’t recall
- Failure to upkeep property leads to death
Who to Sue
These are a few of many situations where a wrongful death suit can be filed. In each case, your lawyer can determine who exactly is negligent and eligible to be sued. For example, in a drunk driving case, you may be able to sue the driver as well as the bartender who served them. In a medical malpractice case, you can sue the doctor and/or the medical facility in which the procedure took place.
The key to a wrongful death suit is that negligence must be proven. For example, if the brakes fail in a car, leading to death, it isn’t necessarily the manufacturer’s fault. The vehicle could be a lemon as opposed to the brake issue being a widespread negligence scenario. Negligence must be carefully examined in any medical malpractice case. Patients assume some risk before any procedure. No matter how safe and careful a doctor is, things happen, and people can die on the table. That being said, there are certain cases where pure negligence on the doctor’s part leads to a wrongful death. Your attorney will be able to analyze the details of your case and help you understand if you qualify to sue for damages.
Who Can Sue?
The laws about who can sue for wrongful death vary from state to state. In Georgia, the spouse or children of the person who passed away can file a wrongful death claim. In a case where the deceased has no spouse or kids, the surviving parents or designated representative of the estate may sue. Georgia also has a time limit as to when you can file a wrongful death suit. The suit must be filed within two years of the date of death. There are some exceptions to the two-year statute of limitations. For example, if a government agency was the one who caused the wrongful death, you only have six months to file the lawsuit.
Potential Damages You Can Receive
The goal of a wrongful death suit is for loved ones to receive monetary compensation for the loss of their family member. The judge can award compensation for both tangible and intangible items. For example, compensation for lost wages from your loved one would be tangible, while payment for emotional suffering due to the death would be intangible. Your attorney will help you navigate the case to receive the compensation you deserve.
Wrongful Death Suit Attorney in Macon, Georgia
If your loved one has passed away and you believe it was due to the negligence of another party, you have the grounds to file a wrongful death lawsuit. These types of cases can be complex; negligence must be proven, and there are strict statutes of limitations. The first step is finding a wrongful death suit attorney in Macon, Georgia, that you can trust. Reynolds, Horne & Survant has years of experience working with clients filing wrongful death suits. The goal is to get you and your family the compensation you deserve for both tangible and intangible suffering caused by the death of your loved one.
During our initial consultation, bring with you as much information as you can about the case. This information could include medical documents, emails, photos, or anything else that might help the case move forward. We know nothing can bring back your loved one, but our goal is to help you heal by holding the responsible party accountable. For more information about wrongful death suits and how the court process works, contact Reynolds, Horne & Survant today. We look forward to hearing from you and working on your case.