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Wrongful Death Attorneys
Having a loved one pass away as a result of a preventable accident can be devastating. This is known as a wrongful death case, and depending on the specifics of this case, you may be able to bring a lawsuit regarding wrongful death.
Knowing what to do after losing a loved one is undoubtedly difficult. Chances are involving an attorney may be the last thing on your mind – but often, it’s the best way to ensure that the people your loved one left behind are taken care of. Rely on McDonald & Cody to bring significant resources to the table on your behalf, including accident investigators and other experts as needed in order to determine liability in a wrongful death case.
Call today for your free case evaluation. We can help you understand who can file a wrongful death suit, as well as the types of benefits that are commonly included in such a legal action.
Who can file a
Wrongful Death Claim?
Georgia has established the following protocol for determining who can file to collect benefits from a wrongful death claim. The following parties may bring a wrongful death suit:
The spouse of the deceased is the first person who can file a wrongful death lawsuit. The spouse may also file on behalf of any of the deceased’s children who are under 18. The spouse is entitled to at least one-third of the financial recovery from the claim.
If the deceased was unmarried, did not have a surviving spouse, and did not have any children, surviving parents can file the wrongful death claim.
In rare circumstances, the wrongful death claim can also be filed by a designated representative of the estate. In this situation, any damages received must go to the deceased’s estate and be distributed to the next-of-kin.
FREE CASE EVALUATION
It is also important that a wrongful death claim be filed within two years of the death. So contact us today for a Free Case Evaluation.
Why McDonald & Cody?
The philosophy at McDonald & Cody, LLC is to provide maximum results, one client at a time. We are dedicated to our cases and strive for quick, full and maximum compensation.
Wrongful Death Damages
The types of wrongful death benefits you may be entitled to receive depend generally on the nature of the accident or injury that led to the victim’s death. In cases such as drunk driving, nursing home abuse, or other instances of gross negligence, the court may determine that punitive damages are in order to serve as punishment for the negligent party’s actions
Other types of damages available in a wrongful death lawsuit include:
- Pain and suffering for the estate of the deceased
- Compensation for the deceased’s suffering, prior to his or her death
- Loss of future work wages
- Loss of relationship compensation for a child, spouse, or parent
- Loss of work and retirement benefits
Georgia law also states that if a spouse receives compensation and there is no will, the spouse must share the award with any living children. If the children are minors, the compensation will be placed under the parent or legal guardian’s name until the child turns 18 years of age.
Determining Liability in a Wrongful Death Case
In determining liability in a wrongful death suit, you must establish that negligence contributed to the death and that reasonable precautions were taken by the deceased to prevent the accident or to seek care afterward, as well as other considerations. In building a strong case for our clients, we typically will try to obtain the following:
- Accident scene photos
- Accident reports
- Medical reports
- Remnants of any defective safety equipment or product involved
It is also important that a wrongful death claim be filed within two years of the death (or sooner with certain types of accidents – the statute of limitations varies by the type of claim and even the type of defendant). The sooner you reach out to an attorney, the stronger your case will be. Be sure to contact our office right away even if you are not sure that the standards for a wrongful death claim apply. We will listen to the details of your case and advise you of your options.
How Do I Get Started?
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Statute of limitations may apply so don't delay having your accident or injury claim evaluated by our team.
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Regardless of the type of injury you have, we may be able to help you get the compensation you deserve!
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