When a person dies as a result of a car accident that was caused by the negligence of someone else, the decedent’s family members have the right to seek compensation for the financial and emotional impacts of their loss, in accordance with Georgia’s Wrongful Death Act, also known as Georgia Code §51-4-2. In fact, this law states that the decedent’s family members can make a claim for “the full value of the life of the decedent.”
If you have lost a loved one due to a fatal car accident, an Atlanta fatal car accident lawyer from John Foy & Associates can help you and your family understand the process of making a claim to obtain compensation for both the loss of financial support provided by the deceased, as well as the profound emotional impacts of the loss.
How a Fatal Car Accident Attorney in Atlanta Can Help After a Fatal Accident
One of the most devastating situations in life is the unexpected loss of a loved one. In many situations, the initial grief and devastation are compounded by the financial stress that comes from losing a primary source of the household income, and the costs incurred through the medical treatment of the decedent’s final injuries, funeral and burial expenses, and even the expense of repairing or replacing the family car that was also lost due to the accident.
An Atlanta fatal car accident attorney can provide guidance about the wrongful death claims process, and ensure that the claimant has the information needed to make decisions about their case. They can also help establish a value to the claim, determine who was liable for the accident, and manage communication with the liable party’s insurance provider.
They can gather evidence, negotiate a settlement, or represent the claim in court. At the conclusion of the case, they can help their client to obtain the compensation owed as a result of the settlement or court decision, and assist in settling any liens from the client’s creditors.
How the Atlanta Wrongful Death Claims Process Works
A wrongful death claim is generally first filed with the liable party’s insurance provider, who assigns an adjuster to the claim. The adjuster is an employer of the insurance company who will investigate the claim in order to determine how much the company is responsible for paying for the claim. If the insurance adjuster denies the claim or fails to make an offer that reasonably compensates the losses that the decedent’s family has suffered, compensation can be sought through a wrongful death lawsuit.
Wrongful death claimants in Georgia typically have two years from the date of the decedent’s death to file their lawsuit in court. However, this deadline can be extended for two reasons:
- The car accident that caused the death occurred during the commission of a crime, such as driving under the influence of drugs and alcohol, fleeing from police in a motor vehicle, fatal accidents resulting from road rage, and more. The reason the deadline is delayed is so the defendant’s criminal case can be resolved before the civil case begins.
- The decedent’s estate has not yet been probated.
If the deceased’s estate has not yet been probated, the claimant has a maximum of five years to seek compensation for their loss through the courts.
Atlanta Fatal Car Accident Lawyer Near Me 404-400-4000
Who Can File an Atlanta Fatal Car Accident Claim?
When a fatal accident occurs, the deceased’s spouse is permitted to file a wrongful death claim. If there is no spouse, then the deceased’s children have the right to file a claim. If there is no surviving spouse or children, then the claim can be filed by the deceased’s parents or an executor of the estate.
How Compensation Is Divided Among Family Members
If the deceased had a spouse and children, then the proceeds from the settlement or award should be divided evenly between them. However, if there are more than two surviving children, the spouse is entitled to a third of the recovery, and the remainder is divided equally between the children. If there was no spouse, but there were surviving children, then each child gets an equal share of the settlement or award.
Proving Liability in a Fatal Car Accident Claim
One of the services an Atlanta fatal car accident lawyer can provide for a wrongful death claimant is assistance in determining who was legally responsible for the accident that caused their loved one’s death. In order to prove liability in a wrongful death claim, the claimant’s attorney must be able to show through evidence and witness testimony that the at-fault party had a duty to take reasonable actions to protect others from harm, that duty was breached by recklessness or carelessness, and the carelessness or recklessness was the cause of an accident in which someone died.
For a free legal consultation with a fatal car accidents lawyer serving Atlanta, call 404-400-4000
How Is the Settlement or Award Paid?
After the resolution of your claim through either a settlement or a court decision, the at-fault party’s insurer will send the payment directly to the claimant’s attorney. Because wrongful death lawyers work on a contingent-fee basis, they are not paid for the services they provided to the client until the compensation is received.
From the amount they will deduct payment for their services and assist in satisfying any liens against the recovery. The remainder of the funds will then be given to the claimant.
Obtaining Assistance with Your Fatal Car Accident Claim
If you have lost a loved one due to a fatal car accident, an Atlanta car accident lawyer from John Foy & Associates can provide more information about the wrongful death claims process and their services during a free case evaluation. Contact a fatal car accident lawyer in Atlanta to get started on your claim.
Call or text 404-400-4000 or complete a Free Case Evaluation form