If you have lost a loved one in a motor vehicle accident in or around the South Fulton area, you may be eligible for compensation. When a car accident victim suffers a fatality because of the negligence of another driver or party, the law allows specific family members to seek damages related to their loved one’s death.
What Can You Do If Your Loved One Dies in a South Fulton Fatal Automobile Accident?
You may feel helpless or unsure of what steps you can take following the death of a loved one in a car accident. Whether it be a matter of seeking justice, compensation for funeral and burial expenses, or financial security for your family to move forward, there are various reasons that a family should take action quickly in the aftermath of a fatal accident. Depending on the accident, fault, and facts of the case, you may be eligible for compensation personally, or there may be compensation available on your loved one’s behalf.
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A Wrongful Death Action Versus a Survival Action
A common source of confusion after a fatal car accident is the damages available and how a family can seek compensation. When an individual dies in a negligent accident caused by another’s actions, there are two possible actions. A wrongful death action and survival action are two legal remedies available, but who can pursue these actions and what damages are available under each differ.
Wrongful Death Action
Under the state’s wrongful death action surviving family members such as a spouse, children or parents may be able to seek compensation from the wrongdoers for the value of the life of their deceased loved one. In this action, the family seeks compensation for the tangible and intangible losses that the sudden death of their loved one has and will cause in the future.
While a wrongful death action can be sought by the family of a victim of a fatal car accident, a survival action can only be pursued by the personal representative of the decedent’s estate. A survival action allows for the recovery of certain damages preceding the victim’s death.
Car accident victims may not die instantaneously in a crash. When a victim initially survives only to later succumb to injuries from the car accident, they can incur damages such as pain and suffering, medical expenses, and other losses that are personal to them. These particular damages are recoverable in a survival action on their behalf filed by their estate against the insurance company or party at fault.
Can You Settle the Case without a Fatal Car Accident Attorney?
While it might be possible that an insurance company or at-fault party might offer you a settlement, it is unlikely to be a fair representation of the compensation available to you or your family under the law. A South Fulton fatal car accident attorney can work with you to protect the rights of your loved one and your family and help you fight for the compensation you deserve.
While hiring a lawyer does not guarantee a positive outcome in your case, it can give you the peace of mind that you have knowledge and experience on your side.
Without a fatal car accident lawyer in South Fulton, you are going up with insurance companies that have their team of attorneys and experience in settling claims for as little as possible. You will be at a disadvantage and will likely face a denial for the wrongful death claim or an unreasonably low settlement offer.
Filing an Insurance Claim or Lawsuit After a Car Crash Resulting in a Fatality
Depending on the circumstances of your loved one’s death and the availability of insurance for the accident, your options may include proceeding with a wrongful death insurance claim or suing in court. In most wrongful death car accident cases, the first preference will be to try to resolve the case through an insurance claim settlement. If, for any reason, there can be no settlement reached or insurance coverage is unavailable, then your attorney can help you take the steps necessary to file a wrongful death action in court.
Compensation You Might Be Eligible for in a South Fulton Fatal Car Accident Case
The damages available to a family or the estate of a deceased victim of a car accident will depend on the claim or action sought through the insurance company or court. A wrongful death action or survival action will allow for the recovery of compensation that arises after the accident or death of the victim.
Damages of a fatal car accident case can include:
- Loss of the victim’s future earnings
- Loss of wages if the victim initially survived the crash
- Emotional distress and suffering of the family
- Loss of the victim’s companionship and support to the family
- Medical bills
- Pain and suffering of the victim before their death
- Funeral and burial expenses
We stand ready to assist your family after deadly side-impact, head-on, rollover, or rear-end accidents in South Fulton.
How Much Will You Need to Pay to Hire a Fatal Car Accident Attorney in South Fulton?
The catastrophic consequences of a fatal car accident can leave families reeling and facing overwhelming uncertainty or financial hardship. Many surviving families will hesitate to seek a fatal car accident attorney for fear of the upfront financial burdens that this may add to an already difficult situation. However, South Fulton fatal car accident lawyers work on contingency.
An attorney working on contingency will not expect or charge you any payment upfront to represent you in your claim and case. If and when your case reaches a resolution, and you are awarded compensation through a settlement or verdict, you will then pay your South Fulton fatal car accident attorney a percentage of that compensation as the fee for their legal services. In the unlikely event that you do not receive any compensation in your case, you will not be responsible for the fee for your attorney’s legal services.
Schedule a Free Fatal Car Accident Consultation with John Foy
For a free consultation to discuss your rights and the compensation that may be available to you after the fatal car accident of a loved one, contact our offices.