When you lose a loved one due to the actions of a negligent driver, you face many complex tasks. Your time of mourning may be cut short by the financial distress that the death has brought on your family. Although compensation cannot get back your loved one or stop you from grieving, it can cover expenses and ease some of the burdens of your loss.
Georgia’s Modified Comparative Fault Rules
Under Georgia’s modified comparative fault rules, receiving compensation requires that your loved one was less than 50% at fault for the accident. If the defendant can prove that the deceased was equally or more at fault than the defendant, there will be no compensation. If they were at fault but less than 50%, then compensation can be granted but must be reduced according to the percentage of fault assigned to the plaintiff.
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Compensation that Can Be Awarded After a Fatal Car Accident in Columbus
Compensation can be awarded after a Columbus fatal car accident for the loss of your loved one’s life. This can include medical costs from the effort to save your loved one’s life after the accident, the pain and suffering they endured, and the loss of future wages. Georgia’s General Assembly excludes compensation for the mental pain and suffering of the family members.
Family Members Who May Be Entitled to Compensation After a Columbus Fatal Car Accident
The state of Georgia allows the deceased’s spouse to seek compensation after a fatal car accident. The children of the deceased can get compensation as well. If the deceased had no children, the claim could be filed by the parents or the personal representative the deceased named in their will.
There Is Not Much Time to File a Wrongful Death Suit
The statute of limitation on a wrongful death claim in Georgia is only two years, and that cannot be extended. It is best to file a claim quickly though it is also challenging to think of such matters when grieving.
Getting Guidance and Direction in a Time of Need
Trying to handle the many complex tasks associated with filing a wrongful death suit when the loss is still so fresh can be overwhelming. It is hard to plan a funeral for a loved one but trying to do so and file a lawsuit, conduct an investigation, and negotiate with insurance companies is nearly impossible. When things are this complicated, you could use the assistance of someone with experience to help you plan what to do next.
What a Fatal Car Accident Lawyer in Columbus Can Do
If you think that all a lawyer does is appear in court, you are mistaken. A Columbus fatal car accident lawyer can do various things to ensure you receive compensation for the loss of your loved one.
Conduct an Investigation
Receiving compensation requires a thorough investigation of the accident so that you can build a strong case. Then if an agreement cannot be reached and your case must go to trial, you will be prepared to prove the defendant’s liability. It also makes the insurance company more likely to offer an acceptable settlement amount.
Value Your Claim
Properly valuing your claim can be difficult when there is no real way to value the loss of a family member. An experienced Columbus fatal car accident attorney knows how to determine a value that covers the costs and losses that the defendant caused and that the insurance company is likely to feel comfortable with.
Negotiate an Adequate Settlement
Even with a lawyer to value your claim, an insurance company is likely to counteroffer, they are unlikely to accept the first offer, and they may not receive an offer. A Columbus fatal accident lawyer with experience handling insurance negotiations can save you further mental distress when you should be with your family.
Represent You and Your Interests in Court
If negotiations are unsuccessful, you will need to present your claim in court. Having an experienced fatal car accident attorney in Columbus to build and present your case can give you a much better chance of proving the defendant’s negligence in court. When you have a lawyer who keeps you informed throughout the process, you can feel confident and at ease throughout the trial.
How Long Will It Take to Be Granted Compensation?
There is no set length of time that it takes to get compensation. If you can reach an agreeable settlement, it will likely take weeks or months. If you cannot reach an agreeable settlement offer, taking your case to trial will likely take months but can take years.
Distribution of Compensation After a Columbus Fatal Car Accident
When there is both a spouse and child, the spouse will divide the compensation equally with the child. If there is more than one child, the spouse is entitled to receive a minimum of one-third, with the rest divided equally among the children. When a personal representative files a claim, the compensation should be added to the deceased person’s estate and distributed to the next of kin.
John Foy Wants to Be Your Columbus Fatal Car Accident Lawyer
The attorneys at John Foy and Associates have lots of experience handling fatal car accident claims. We know the law, and we have a whole legal team to handle every aspect of your claim, from filing your claim to representing you in the courtroom. Contact us for a free claim valuation so you can decide if we are the right lawyers to handle your Columbus fatal car accident compensation claim.
Let’s look at some of the things you should know about a Columbus fatal car accident and why you may want a Columbus fatal car accident lawyer like John Foy.