- Car Accidents, Wrongful Death
Experiencing the grief of losing a loved one in a car accident in Georgia is never easy. When another person’s negligence causes the death of a loved one, grief becomes unbearable. It is a traumatic journey, the negligent driver must be held accountable for their actions.
You are eligible to bring a lawsuit and file for a wrongful death claim against the negligent driver who caused the car accident in Georgia. Money can never replace the one who passes away but it is the only legal compensation the surviving family can attain to bear the loss. Hiring a personal injury attorney helps you obtain the claim on behalf of the deceased.
Wrongful Death Claim After a Car Accident in Georgia:
When a loved one dies in a car accident in Georgia, certain family members are eligible to file for a wrongful death claim. Approximately, 173,040 unintentional deaths occur yearly in the USA. Eligible people who can pursue legal claims include the following:
- Surviving spouse of the deceased
- Children of the deceased
- Parents of the deceased
- Deceased’s estate
A wrongful death claim compensates the surviving members of the family in an attempt to offset the financial burden and emotional impact of losing a loved one. The impact of the death on loved ones is considered in the lawsuit. Your car accident attorney will guide you through the process to attain the rightful compensation.
Determining Fault & Liability:
All the drivers on the road have a duty of reasonable care, to not put any other driver in harm. Often another driver’s negligence causes a fatal car accident in Georgia. When a driver fails to comply with the duty of care, they become liable for the damages. When someone dies in a car accident in Georgia due to another driver’s fault, a wrongful death claim can be made against the at-fault driver.
You will have to prove that a duty of care existed and the at-fault driver breached that duty, and the deceased suffered fatal injuries due to the breach causing wrongful death. You will have to prove the damages from the death and the car accident in Georgia. Often the at-fault driver’s insurance company provides the claim. Insurance providers look for ways to undermine your claim. For this reason, you must gather all the relevant evidence to support your claim. Insurance providers aim to pay as little as possible.
When you are grieving the death of a close family member, the entire process of managing a claim becomes extremely challenging. A car accident attorney can effectively handle the litigation process while you focus on healing.
Is Another Driver at Fault in a Wrongful Death?
Anyone whose negligence caused the accident is liable for the damages. The car manufacturer, a repair shop that failed to perform proper maintenance, motorcyclist, or pedestrian. In rare cases, these parties can be held responsible for the accident. The deceased can also be held liable for some of the responsibility for the accident. More than one party can be at fault for the accident and wrongful death. Even if the victim holds some responsibility for the accident, their family can seek compensation for the damages minus the victim’s fault percentage.
Damages You Can Recover:
Recovering compensation helps the surviving family members with the financial expenses after a loved one dies in a car accident. When they don’t have to worry about the financial burden, they can focus on honoring their loved ones while slowly moving things back together. You can recover the following damages if you bring a wrongful death claim on your loved one’s behalf:
- Lost wages
- Medical expenses
- Pain and suffering of the deceased
- Loss of companionship
- Funeral and burial expenses
After a deadly car accident, you can also seek punitive damages. Punitive damages are exemplary damages awarded to punish the actions of the liable party. Punitive damages are provided in addition to the wrongful death claim compensation.
A Georgia Auto Accident Attorney Can Strengthen Your Case:
Reaching out to our experienced auto accident lawyer Georgia will help you strengthen your case to obtain successful outcomes. Dealing with a wrongful death claim becomes complicated and overwhelming. Consulting legal experts will ensure that you recover the compensation you deserve.
Our car accident attorney will assist you from gathering evidence and negotiations with insurance companies, to proceeding with a lawsuit. We are confident that you will receive the maximum compensation for your loss. If you or someone you know suffered such an unfortunate incident, know your legal rights through our attorneys.
