Who is Qualified to File a Wrongful Death Claim in Macon, GA?

Accident victims in Macon, GA, have legal grounds to file a personal injury claim and recoup compensation for damages or losses. What if the crash resulted in a fatality? Losing a cherished one can be an emotionally and mentally devastating experience to undergo. It gets even more distressing if intentional or negligent actions caused the death. So what next after such an ordeal has happened to a family member?

One possible action to take is filing a wrong death claim against the responsible party. Although a wrongful death lawsuit won’t bring back what you’ve lost or nullify the pain of the loss, Georgia law provides legal recourse to get justice for the wrongful death of your loved one by holding the responsible party liable. Most families find some degree of solace in securing financial restitution for losses suffered due to the passing of a loved one, including medical expenses, lost income, loss of companionship to the family, and pain and suffering.

Georgia Wrongful death laws have stringent parameters on who is eligible to file a wrongful death claim, as claimants have to meet certain legal elements to recoup compensation for their loss. This is why you need to enlist a seasoned wrongful death attorney in Macon to safeguard your rights during this tumultuous period. If you’ve lost a loved one as a result of somebody else’s negligence or recklessness, Rafi Law Firm can discuss your situation and find out if your wrongful death claim is viable. Please call our highly-rated wrongful death lawyers today to get a no-cost consultation.

What Is Wrongful Death?

Under Georgia Law, a wrongful death results when an individual loses their life due to the criminal, reckless, intentional, or negligent actions of another entity or individual. Situations that can result in wrongful death include auto accidents, premises liability cases, bicycle accidents, medical malpractice cases, work accidents, product liability cases, pedestrian accidents, and other violent crimes.

In a wrongful death claim, the plaintiff must definitively determine certain factors in order to recoup compensation. Some of the elements to prove include:

• The entity or individual failed in their legal duty, and their intentional or negligent action resulted in the death
• If the loved one had survived, the reckless actions would have warranted the victim to file a personal injury claim
• They are surviving dependents, distributes, or children of the victim
• There were monetary damages affiliated with the victim’s death

Who Is Qualified To File A Wrongful Death Claim In Macon, GA?

Although the deceased may have a lot of family members and friends, only certain close ones qualify to take legal recourse. Georgia allows only particular family members of the deceased to bring a wrongful death claim if the individual in question dies as a result of the negligence of another party. Georgia state law stipulates that only four groups qualify to file a lawsuit after a loved one’s wrongful death. They include:

Spouse of the Deceased

The surviving spouse of the deceased is the primary beneficiary of the right to initiate a claim for the wrongful death. Former spouses are excluded from this category if the decedent was divorced at the moment of passing.

Children of the Deceased

In the absence of a surviving spouse, the succession to submit a wrongful death claim passes to the child or children of the deceased. Children may only file a claim for wrongful death in the absence of a surviving spouse.

Parents of the Deceased

In the absence of a surviving spouse or children, the surviving parent or parents may file a claim for wrongful death.

Estate Representatives

In the absence of any surviving spouse, children, or parents, the authority to initiate a wrongful death claim may rest with the representative of the estate. Any funds recovered in these instances are retained by the estate and disbursed to the next of kin of the deceased.

In Georgia, other surviving family members, such as relatives or grandparents who are still alive, are not permitted to submit a wrongful death claim. A sibling or other relative must assert a claim through the administrator of the deceased’s estate or one of the immediate family members mentioned above.

Who May Be Eligible To Receive Compensation In A Wrongful Death Claim In Macon, GA?

Any compensation recovered in a wrongful death claim must be divided among the deceased’s surviving spouse and any surviving children, according to the Georgia wrongful death statute. In the absence of a surviving spouse or children, the distribution of the compensation shall be in accordance with the provisions outlined in the will of the deceased.

If the deceased didn’t have a will at the time of their wrongful death, Georgia’s inheritance statutes will be used to establish who can recoup any damages from a wrongful death claim.

Consult With Skilled Macon Wrongful Death Attorneys Today!

If a loved one has suffered an untimely death at the hands of a negligent party, Rafi Law firm can assist you in pursuing a wrongful death claim against the responsible party. We have assisted thousands of wrongful death victims in Macon to recoup compensation for the painful loss of their kin. Contact our dedicated legal team at Rafi Law Firm today to arrange a no-cost initial consultation and case review!