Have you lost a loved one in a fatal car accident in Sandy Springs, resulting in wrongful death? This is undoubtedly a devastating time for families. Unfortunately, fatal car accidents are often caused by a negligent party, so it’s important to seek rightful compensation.
Here at John Foy & Associates, we want to provide you with support during this difficult time. If you’re interested in seeking compensation for your loved one’s fatal car accident, we can help you prove who’s at fault and help you successfully file a wrongful death lawsuit.
Proving Fault in Fatal Car Accidents
Many people want to fight for compensation for their deceased loved one, and understandably so. In order to reach a settlement, family members will need to be able to prove that the other party was at fault. Unfortunately, families without proper representation often have a hard time negotiating with the insurance company and receiving fair compensation.
Insurance company adjusters determine fault in auto accidents. This is an important step in the process because it determines who will bear the financial responsibility for the accident. An insurance adjuster will do this by reviewing the police report along with other supporting evidence.
Complications with Proving Fault
Determining who’s at fault in a fatal car accident isn’t always easy because auto accidents happen quickly and sufficient evidence isn’t always provided. In addition to this, insurance adjusters often make it difficult for claimants to receive fair compensation because their focus is to save the insurance company money. For individuals who are not experienced, negotiating with an insurance adjuster can be a tedious, and sometimes disappointing, process.
For this reason, it’s best to hire a skilled attorney who can fight on your behalf. Dealing with the loss of a loved one is already enough, an experienced attorney can provide you with the support you need and help you get the compensation you deserve. An attorney can communicate with the insurance adjusters, ensure that all pertinent documentation has been provided, and potentially increase your settlement offer.
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Understanding Shared Liability in Sandy Springs
In some instances, it may be found that both parties have shared liability. Shared liability in the state of Georgia means that both parties have been found at fault. This is also known as comparative fault.
It’s important to note that if your loved one was determined to have been negligent in any way, it might not be possible to get any compensation from a claim. However, Georgia law does state that if an individual is found to be less than 50 percent at fault, there may be an opportunity to get some compensation.
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Filing a Wrongful Death Lawsuit in Sandy Springs
Under Georgia’s Wrongful Death Act, the family of the person who died has the right to file a wrongful death claim if the person is killed by a wrongful act of another person or company. The act further claims that the family of the deceased person can make a claim for the full value of the life of the decedent.
Who Can File a Wrongful Death Lawsuit?
There are certain individuals who can file a wrongful death lawsuit in Sandy Springs. In general, if the person who passed away is survived by a husband or wife, then the spouse is generally the person who will file the wrongful death lawsuit.
If there is no surviving spouse, then any surviving children can file a claim. If the deceased person did not have any spouse or children, then the parents or guardians can file a wrongful death claim.
Statute of Limitations
It’s important to note that there is a certain timeframe in which you will need to file a wrongful death lawsuit. In the state of Georgia, you typically have two years from the date of the deceased’s death. It’s important to note that this timeframe can be shorter or longer though, depending on the circumstances.
Steps to File a Wrongful Death Lawsuit
There are a few important steps involved with filing a wrongful death claim in Sandy Springs. If you plan to move forward with a lawsuit, it’s a good time to consider representation from a fatal car accident attorney in Sandy Springs who can help you maximize compensation for your deceased loved one.
Preparing for a lawsuit means that you need to undergo a pre-litigation process. The deceased individual’s representative will need to perform a few tasks, including:
- Setting up the estate
- Identifying and notifying responsible parties
Negotiating and Settling
The next step is to begin the negotiation and settling process. This is the time when the party you’re filing a lawsuit against will attempt to settle to avoid court. It’s important to note that this doesn’t happen in every lawsuit case, but many parties would rather avoid the lengthy court process.
In some cases, it’s better to take the settlement offer and avoid losing in court. But, if you receive a low-ball offer, going to court is best. An experienced fatal car accident lawyer in Sandy Springs can help you determine what is a fair settlement to help you make the best decision.
Filing the Suit
If the negotiation period is unsuccessful, the next step is to file a lawsuit. This process begins the moment you file a Complaint or Writ of Summons.
The litigation process is a relatively lengthy process. Litigation involves multiple tasks, such as:
- The discovery phase
- Requests for documentation
- Other pertinent steps
Even in litigation, it’s still possible to reach a settlement acceptable for both parties. If no settlement is made, litigation will continue until the trial ends.
For a free legal consultation with a fatal car accidents lawyer serving Sandy Springs, call 404-400-4000
Seek Help from an Experienced Sandy Springs Fatal Car Accident Attorney
A fatal car accident is a tragic and disheartening time for the victim’s family. If your loved one has passed away and you want to file a wrongful death lawsuit, it’s a good idea to hire an experienced and compassionate Sandy Springs fatal car accident lawyer who can help you reach a favorable settlement.
Here at John Foy & Associates, we want to support you during this difficult time and help you get the compensation you deserve. Contact us today if you would like a free case evaluation.