Losing a family member can be traumatic and devastating. If someone else is at fault for their fatal injuries, they should be brought to justice. However, for your fatal accident claim to be successful, you will need to be able to show that another party is responsible for causing your loved one’s death.
Reach out to a compassionate Doraville fatal accident lawyer at John Foy & Associates for a free consultation today. You can review your legal options for financial recovery when you contact us to discuss the specific details of your case.
Common Types of Fatal Accidents in Doraville
Fatal accidents happen every day. However, the ways in which these fatal accidents occur are essential in uncovering who is responsible for causing your family member’s death. There are some events and incidents that are known for causing fatal injuries more frequently than others.
Some of these incidents include:
- Any type of motor vehicle accident, including car accidents, motorcycle accidents, truck accidents, bus accidents, taxi accidents, boat accidents, bicycle accidents, pedestrian accidents, and any other type of collision involving a motor vehicle.
- Accidents that occur on someone else’s property, including amusement park accidents, parking lot accidents, slip-and-fall accidents, dog bites or attacks, swimming pool accidents, and trampoline accidents.
- Work-related accidents such as those involving ground or trench collapses, defective or malfunctioning machinery, crushings, electrocution, construction accidents, factory accidents, bulldozer accidents, scaffold accidents, and explosions or fires.
These are only a few of the different ways in which fatal accidents can occur. If your loved one passed away in an accident that was not listed above, your family may still have the opportunity to move forward with your case. The best way to find out what options are available to you is by contacting a fatal accident attorney in Doraville for help.
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Getting Justice for Your Family Member After a Fatal Accident
When you lose a loved one and someone else is to blame, particularly when your family member’s death was preventable, you may have the right to file a wrongful death action against the liable party. Georgia Code §51-4-1 allows wrongful death claims to be filed when a decedent’s cause of death stems from:
- A defective product
- An intentional violent act
- Medical malpractice
- Another wrongful act
Depending on the circumstances of your case, you may have the opportunity to file a claim with the liable party’s insurance provider. However, if the defendant is not protected by insurance coverage, or the insurance settlement offer does not cover your damages in full, your best option may need to move forward with your wrongful death claim.
Wrongful Death Laws in Georgia
If you are interested in moving forward with a Doraville fatal accident claim, it is important that you understand which wrongful death laws in Georgia could impact the outcome of your case:
The Authority to File a Claim
Wrongful death claims are essentially personal injury lawsuits brought forward by the decedent’s surviving family members. However, only specific parties have the authority to file a wrongful death or fatal accident claim in Georgia.
First and foremost, the decedent’s surviving spouse will have the opportunity to file a wrongful death claim. However, if the decedent did not have a surviving spouse and they had surviving adult children, the decedent’s children would have the right to file a lawsuit. In the event that the decedent did not have a surviving spouse or children, the decedent’s surviving parents would have the right to file a wrongful death action, followed by the decedent’s executor of the estate.
Statute Of Limitations
There is a limited amount of time to file a fatal accident claim in the state of Georgia. Under Georgia Code §9-3-33, the statute of limitations for fatal accident and wrongful death claims is only two years from the date of the decedent’s death. However, the statute of limitation could be tolled depending on the circumstances of your case.
This means the statute of limitations will temporarily stop if your case meets specific requirements. For example, if the decedent‘s death was caused by a criminal act, the statute of limitations would be tolled until the criminal case against the liable party has been resolved, or a maximum of six years from the decedent’s death under Georgia Code §9-3-99.
Fatal accident claims can also be told when the decedent’s estate has not been through probate. The statute of limitations could be tolled in wrongful death cases for up to five years under Georgia Code §9-3-92.
Recoverable Damages in Fatal Accident Claims
No matter who files the fatal accident claim, the court will order the defendant to compensate the decedent’s surviving family members and estate. Damages can be separated into categories known as economic damages and non-economic damages to ensure every loss is taken into account when calculating the value of your claim.
Some examples of economic and non-economic damages that could be recovered in fatal accident and wrongful death claims include:
- The decedent’s financial contributions, including benefits, loss of income, and future earnings
- The decedent’s contributions to the household
- The surviving family member’s loss of the decedent’s companionship, care, protection, advice, counsel, and support
- The decedent’s medical expenses and healthcare treatment prior to their death
- The decedent’s funeral and burial expenses
Depending on the types of damages you are seeking, there may be multiple parties who need to pursue wrongful death and fatal accident actions in your case. Your attorney can give you a better idea of what to expect from your claim after reviewing the details of your loved one’s passing further.
Contact a Doraville Fatal Accident Attorney for Help Today
It can be difficult to mourn your loss when you discover that another party is responsible for the death of your cherished family member. Get help ensuring the liable party is held accountable to the fullest extent of the law. Get help from a dedicated fatal accident lawyer in Doraville at John Foy & Associates.
Our firm proudly offers no-cost, risk-free consultations to the surviving family members of fatal accident victims across Doraville and surrounding cities. Take advantage of this opportunity by calling our office or completing our quick contact form.