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Grieving Loved Ones Deserve Justice

No lawsuit can replace your loved one, but seeking legal justice can help ease the financial burden and hold the responsible party accountable. Our wrongful death attorneys in Dalton are here to guide you through this difficult time, providing compassionate legal support and fighting for the compensation your family may deserve.

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If you’ve lost a loved one due to someone else’s reckless or negligent actions, you may have the right to pursue legal action. A Dalton wrongful death lawyer can help you file a claim, prove liability, and secure compensation for funeral expenses, lost financial support, and emotional suffering.

While Georgia law provides clear guidelines on who can file a wrongful death lawsuit and how settlements are distributed, every case is unique. Understanding your legal rights is the first step toward getting justice. Our experienced legal team is ready to fight for your family and help you receive the maximum compensation allowed under the law.

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Getting Help Is Simple

What you’ve been through is simply immeasurable. That’s why we want to take this burden off your shoulders so you can focus your time on what’s most important. It only takes one phone call to get started, and we will take care of everything from there.

You Deserve Justice and Compensation

The pain of losing a loved one is indescribable, and losing a loved one because of someone else’s careless actions is unfair and cruel. You deserve justice and compensation for your loss, and we’re dedicated to helping you seek everything you’re entitled to.

No Costly Upfront Fees

The last thing you should have to worry about when grieving the loss of your loved one is a costly, upfront fee for an attorney. That’s why you won’t owe us a single penny unless we successfully collect compensation for your loss.

What Is a Wrongful Death Defined as in GA?

In Georgia, a wrongful death occurs when a person’s life is taken due to another party’s negligence, recklessness, or intentional wrongdoing. This can result from, among other situations, car accidents, medical malpractice, workplace incidents, defective products, or violent acts.

The purpose of a wrongful death lawsuit is to seek compensation for the full value of the deceased’s life, including both economic and non-economic losses. Proving negligence is essential in these cases, which means demonstrating that the responsible party had a duty of care, breached that duty, and directly caused the fatal incident.

Our Results Speak For Themselves!

Motorcycle Accident

$1,250,000.00

Motorcycle Accident

$1,000,000.00

Brain Injury

$950,000.00

Truck Accident

$850,000.00

Motorcycle Accident

$800,000.00

Truck Accident

$500,000.00

Motorcycle Accident

$500,000.00

Car Accident

$230,000.00

Workers’ Comp

$225,000.00

Truck Accident

$200,000.00

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How Are Wrongful Death Settlements Calculated?

Wrongful death settlements aim to provide compensation for the full value of the deceased’s life based on financial and personal losses.

The calculation includes lost wages and benefits, medical and funeral expenses, and intangible factors like pain and suffering and loss of companionship.

Factors that affect the settlement amount include the deceased’s age, earning potential, and life expectancy, as well as the circumstances of the fatal incident. While no amount of money can replace a loved one, our past results show that securing compensation can ease financial burdens and provide a sense of justice.

Who Can File a Wrongful Death Lawsuit?

Under Georgia law, only certain individuals have the legal right to file a wrongful death claim. The priority order is as follows:

  • Surviving spouse (who must also represent minor children)
  • Children of the deceased (if no surviving spouse)
  • Parents of the deceased (if no spouse or children)
  • Estate representative (if no immediate family members)

Who Receives the Settlement in Georgia?

Wrongful death settlements in Georgia are divided among surviving family members according to state law:

  • If a spouse and children survive, the settlement is split equally, but the spouse must receive at least 1/3 of the total amount.
  • If no spouse exists, the compensation is divided among the deceased’s children.
  • If no spouse or children exist, the deceased’s parents or next of kin may receive the settlement.
  • If the claim is filed by the estate, funds may be distributed to creditors or heirs based on estate laws.

Each case is unique, and an experienced Dalton wrongful death lawyer can help ensure the right parties receive the compensation they may deserve.

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Choose Board Certified – Not Billboard

Just because it’s on a billboard doesn’t mean it’s the best option. Lawyers who shell out all that money for billboard ads are all talk and no substance. You and your family deserve the legal aid only a board-certified attorney can give you. Attorneys Jay, Brent, and Herbert at The McMahan Law Firm are Board Certified Civil Trial Specialists by the National Board of Trial Advocacy. We have the knowledge and experience you can trust to help you seek maximum compensation for your losses.

What To Expect

If your family member was injured in Dalton, GA, and passed away due to their injuries, here’s how the legal process typically unfolds:

  1. Consultation With an Attorney: Your first step is to meet with an experienced wrongful death lawyer who will evaluate your case, explain your rights, and outline your legal options.
  2. Investigation & Evidence Collection: Your attorney will gather evidence, including medical records, accident reports, witness statements, and expert testimony, to prove negligence.
  3. Determining the Responsible Parties: In some cases, multiple parties may be liable, such as a negligent driver, a property owner, or even a company. Your attorney will identify all at-fault parties to help maximize compensation.
  4. Filing the Claim: Your lawyer will file the wrongful death claim on behalf of the eligible family members, ensuring it complies with Georgia law and meets all deadlines.
  5. Settlement Negotiations: Most wrongful death cases are resolved through negotiations with insurance companies. Your attorney will fight for a fair settlement that covers lost income, medical bills, funeral costs, and emotional suffering.
  6. Taking the Case to Court (If Necessary): If a fair settlement isn’t reached, your lawyer will prepare your case for trial, presenting evidence and advocating for justice in court.
  7. Receiving Compensation: Once a settlement is reached or a court verdict is obtained, compensation is distributed to the eligible family members according to Georgia’s wrongful death laws.

Losing a loved one is devastating, but having legal guidance can help you focus on healing while your attorney fights for the justice and compensation your family could be owed.

Georgia’s Wrongful Death Statute of Limitation

In Georgia, you generally have 2 years from the date of death to file a wrongful death lawsuit. Certain factors may shorten or extend this deadline:

  • If the wrongful death resulted from criminal activity: The statute may be paused until criminal proceedings are complete.
  • If the deceased’s estate is in probate: The statute may be extended by up to 5 years in some cases.
  • Claims against government entities: May have much shorter deadlines, sometimes as little as 6 months.

Because missing the deadline means losing your right to compensation, contact a Dalton wrongful death attorney as soon as possible to begin your case.

Can You Press Criminal Charges for Wrongful Death?

Wrongful death lawsuits are civil cases, meaning they seek financial compensation rather than criminal punishment. However, if the death resulted from reckless or intentional actions—such as drunk driving or assault—the responsible party may also face criminal charges filed by the state. These charges can lead to fines, probation, or jail time.

Even if no criminal charges are filed, you can still pursue a wrongful death claim to hold the responsible party financially accountable.

What Are the Chances of Winning a Wrongful Death Lawsuit?

The success of a wrongful death lawsuit depends on proving that negligence caused the death and demonstrating the financial and emotional losses suffered by the surviving family. Strong evidence, clear liability, and legal representation can significantly improve your case.

While no outcome is guaranteed, many wrongful death claims result in compensation for medical expenses, lost income, funeral costs, and emotional suffering. A Dalton wrongful death lawyer can assess your case and guide you through the legal process to maximize your chances of success.

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What Our Clients Are Saying About Us

5 Star Reviews

I want to thank each and every one involved in my case. I have no doubt I would not have succeeded on my own. I’m glad I listened to my sister advising me to use an attorney. The McMahan Law Firm is tops. Thanks again.

-S.C.
5 Star Reviews

Jay [is] a very good lawyer, and he was also concerned about my well-being. Janice was always there to answer any questions that we had.

-T.G.
5 Star Reviews

Very impressed and thankful for the manner in which you do business… most certainly for the people… from greeting [me] at the door throughout all business handled. Please never fail to keep up the good work. Thanks again.

-L.P.
5 Star Reviews

I feel that the McMahan Law Firm put me first. I’m very satisfied with the results that I received from them, and I would recommend them to anyone. I thank you very much.

-B.C.
5 Star Reviews

Julie Gee did an outstanding job for me and I greatly appreciate it. I would recommend her and the law firm to anyone. Thanks for everything.

-B.K.
5 Star Reviews

I just wanted to thank you for the all the hard work that the McMahan Law Firm has done for me. I appreciate your patience and determination, and of course your super skills in the courtroom. This has been life changing for me and my family, God bless all of you!! Thanks again and take care.

-W.J.
5 Star Reviews

Guys listen! My Attorneys Jill Crouch and Brent who run the place are the most proficient accident attorneys I've ever witnessed! No lie, I got awarded an amount bigger than a yearly salary from an 18 wheeler accident settlement through them!! (If you know, you know!) I get paid sometime this month! It took less than a year to settle and the ONLY reason it took that long was because the treatment was extensive and needed months to complete. If you're EVER in an accident in the state of Tennessee, MCMAHAN LAW FIRM NEEDS TO BE YOUR FIRST CALL AFTER THE AMBULANCE!!! THIS GROUP OF ATTORNEYS ARE CHANGING, SAVING AND REVIVING LIVES!! TRUE STORY!

-P.T.
5 Star Reviews

Brent was always honest, thoughtful and understanding. We are grateful for the time you spent on us.

-R.D.
5 Star Reviews

Your team makes the clients feel like their case is important no matter how small the case may be or how small the benefits may be.

-R.M.
5 Star Reviews

I want to thank you again for representing me. The McMahan Law Firm is not only a good law firm; [the staff and lawyers] are good people as well. I would recommend you to a friend or enemy. Thank you again.

-G.W.

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The McMahan Law Firm Can Help Your Family

The McMahan Law Firm provides compassionate legal support while aggressively pursuing justice for your loved one. We handle all aspects of your case, from gathering evidence and negotiating with insurers to representing you in court if necessary. Our goal is to secure the maximum compensation available while giving your family the space to grieve and heal.

We Fight for Accountability When the Unthinkable Happens

We know that no 2 wrongful death cases are the same. That’s why we take a personalized approach, listening to your story and building a legal strategy tailored to your unique circumstances. Whether the loss was due to medical malpractice, a fatal car accident, or another act of negligence, we fight to hold the responsible party accountable.

If you’re ready to seek justice, contact The McMahan Law Firm today for a free consultation—we’re here to help when your family needs it most.