Accidents that lead to personal injuries can happen in any number of circumstances, but the most common fatal accidents are those from motor vehicle crashes. Car accidents that cause the death of a loved one can leave families grieving and dealing with many unexpected and overwhelming challenges following their tragic death.
Many people know that if they suffer a personal injury due to negligence, they can seek compensation for their damages from the person or party at fault, but many may not realize that the family of a victim that suffers a fatal accident also has the right to compensation. When negligence results in the death of a victim, their death is considered a wrongful death under the law. The family of a victim of a fatal car accident with the help of an attorney can seek damages from the parties responsible for the avoidable death of their loved one.
If you have questions after an accident, our Albany car accident lawyer is here to help.
Seeking Justice After a Fatal Car Accident Involving a Loved One
When a death arises from negligence in a car accident, justice will not always involve criminal prosecution, but the family of an accident victim can still seek justice through a civil court against the parties responsible. Even in cases where a driver faces criminal charges for their actions leading to an accident, a family can also seek justice through civil court. The unimaginable loss and suffering your family endures from the sudden death of a loved one cannot be undone, but the law allows you to pursue compensation for your family member’s suffering and additional damages when an individual loses their life in a fatal motor vehicle accident.
Who Can Pursue a Case Against the Party at Fault Following a Fatal Car Accident?
To file an insurance claim for wrongful death from a fatal car accident or to initiate a lawsuit against the parties responsible, the party must be a family member of the deceased individual. In addition, it is not just any member of the family that is entitled to seek compensation following the fatal accident of a loved one. The parties that are eligible to seek a wrongful death action will depend on their relationship with the deceased as well as other surviving family members and their relationship with the loved one.
Family members that can be eligible to seek wrongful death damages in the order of eligibility include:
- A spouse
- Children
- The parents of the deceased
- The estate of the deceased
Fatal Motor Vehicle Accident Damages in a Case
Each state sets its own parameters as to the damages that are recoverable in wrongful death cases. In Georgia, there are very specific losses a family or the estate of a deceased individual can seek in a wrongful death claim or lawsuit for the death of a family member from a fatal car accident. When a loved one dies in Albany, the compensation you are seeking in a wrongful death action will relate directly to their loss of life, not the loss to a family or their own suffering.
Wrongful death damages in Albany include:
- The full value of the life of the victim
- Expenses for the death of a loved one
- The pain and suffering of the victim of an accident
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The Role of an Albany Fatal Car Accident Attorney
Lawyers that represent the family of a victim of a fatal car accident will work to protect the rights of the loved one that has died at the hands of another’s negligence and the rights of the surviving family. An attorney representing the family in a wrongful death case due to a fatal car accident will take on various responsibilities as they attempt to negotiate a settlement or go ahead with a lawsuit against the party at fault for the death.
Typical responsibilities of an fatal car accident lawyer in Albany include:
- Managing day to day case communications
- Gathering evidence to prove fault and damages
- Negotiations with insurers and at-fault parties for a settlement
- Build your case and prepare in the event of a lawsuit
The Statute of Limitations for an Albany Fatal Car Accident
A statute of limitations notifies a potential plaintiff in a wrongful death action that they have a specific period of time in which they can bring forth a lawsuit for damages against the party responsible. Each state sets its own time limits for cases such as those involving personal injury or wrongful death. In Georgia, the family or estate of a deceased victim of a fatal car accident has only two years from the date of death to pursue legal action in the civil court of Georgia against a potential party at fault.
If a family does not start the action within this time, they forfeit their right to seek compensation after the death of their loved one. To ensure that you do not fall outside the statute of limitations, it is always best to contact an Albany fatal car accident lawyer as soon as possible following the death of your family member.
When do You Need a Fatal Car Accident Attorney in Albany?
There is rarely a situation in which it could be more advantageous to a family to proceed without a lawyer in the case of a fatal car accident. There is far too much on the line to attempt to handle a wrongful death claim or lawsuit without legal representation. Wrongful death laws are complex and proving damages and the full value of the life of your loved one is a challenging task.
A fatal car accident attorney can help you make certain that you seek justice for your loved one and pursue the compensation your family deserves following a tragic and fatal car accident. Contact a fatal car accident lawyer to schedule a free consultation to discuss your matter.
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