Losing a loved one in an automobile crash in Newnan is traumatic, especially if it was due to another driver’s negligence. The crash can often devastate the surviving family emotionally and financially. But there is an opportunity to seek compensation to help reduce the financial burden that emerges after the death of a loved one.
Since seeking compensation involves filing a wrongful death claim, it is daunting to pursue the case on your own. Luckily, a Newnan fatal car accident attorney from John Foy can handle the complex legal aspects of the case on your behalf and ensure you get a fair settlement.
Wrongful Death Lawsuit in Newnan
A wrongful death claim is a lawsuit brought about by the surviving family members of a victim who passed away from negligent car accident-related injuries. The lawsuit allows the family to get compensation for funeral costs and emotional losses they suffered after the death of their loved one. The family can also secure compensation for the benefits they would have continued to receive from their loved ones had they lived.
The parties that can file a wrongful death claim in Newnan include the deceased’s spouse, children, and parents (if the deceased has no spouse or children). The personal rep of the deceased’s estate can also file a wrongful death claim if there is no spouse, children, or parents.
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Time Limit for Newnan’s Fatal Car Accident Cases
According to Georgia’s statute of limitations, you have up to two years after the passing of your loved one to file a wrongful death claim in Newnan. However, the duration can be shorter or longer, depending on the circumstances.
For instance, the deadline is shorter for a fatal car accident involving a government agency. The exact time limit depends on the government agency at fault.
How Long Will the Case Take to Resolve?
It’s difficult to say exactly how long a fatal car accident case in Newnan will take to resolve because several factors can influence that. It may take time to determine who will be the estate’s administrator, especially if the family is divided on the matter.
The defendant being sued can also deliberately try to prolong the case by filing motion after motion to frustrate you. However, you can deal with such tactics if you have an experienced fatal car accident attorney in Newnan by your side. Your Newnan fatal car accident lawyer can quickly find faults in the filed motions and help your case move forward.
What You Must Prove in Your Fatal Car Accident Case
When seeking justice and compensation for a negligent fatal car accident case, you must prove that the at-fault party’s actions led to the death of your loved one.
Below are the four things you must prove:
Existence of Duty of Care
You must prove that the party allegedly at fault had a duty to ensure your loved one is safe. For example, drivers in Newnan have a duty to drive safely. Therefore, you prove that the defendant had the responsibility to ensure the safety of other road users.
Violation of Duty
Once you establish the duty of care, you must then proceed to prove that the at-fault party failed to act reasonably or violated that duty. For instance, the at-fault driver can be said to have breached the duty of care if they continued driving at a red light or drove while under the influence.
You must prove that the death of your loved one occurred because the at-fault party breached their duty of care. For example, you must prove that indeed the at-fault driver was indeed behind the steering wheel and the accident they caused resulted in the death of your loved one.
Damages and Losses
Lastly, the court needs to see a reason to give financial settlement to the victim’s family. Therefore, you must prove the losses incurred due to the fatal accident. You can do this by providing evidence of the deceased’s medical bills incurred after the accident or the deceased’s financial support to dependents.
The success of your fatal car accident case may hinge on how you can prove the four above. This is not always easy because the defendant will try to discredit your claim to maintain their innocence or reduce their liability.
Therefore, you need a compassionate and experienced fatal car accident lawyer in Newnan to help prove your claim. An attorney can also help quantify all the losses (current and future) to ensure you get the settlement you deserve.
Damages You Can Recover in a Fatal Car Accident Case
A fatal car accident leads to both monetary and emotional losses. Below are some of the damages you can recover from a fatal car accident claim case:
They include the cost of hospitalization, medications, or surgeries that your loved one might have incurred before their death.
Loss of Financial Support
You can recover the financial support you received from your loved one, including their wages and health insurance.
Funeral and Burial Expenses
These are the expenses your family incurred during the burial of your loved one.
Pain and Suffering
Grieving can affect various aspects of life, such as the ability to work or attend to other obligations. You can receive compensation for the pain and suffering you go through after the death, as it may make you susceptible to financial, social, and physiological issues.
Loss of Companionship
Losing a loved one is mentally, emotionally, and even physically devastating. You can recover compensation for the missing companionship and care you received from your loved one.
Get Professional Legal Assistance Today
The sudden unanticipated demise of a loved one can be very traumatic. While no amount of money can heal the pain of losing a beloved person, seeking compensation can alleviate some of the expenses and financial hardships resulting from the death. An experienced fatal car accident attorney in Newnan can help you through the legal process.At John Foy, we have compassionate and experienced lawyers that can help you recover fair settlement damages for your loss. Contact John Foy today to schedule your FREE fatal car accident case review and consultation.