If your loved one died in an accident in Fulton County, you may be eligible to take civil action to hold the at-fault driver accountable. An Alpharetta fatal accident lawyer from Bader Scott Injury Lawyers can help you fight for the compensation you deserve. Let a member of our team evaluate the legal merit of your case.
You can speak to a team member from Bader Scott Injury Lawyers today by calling (404) 888-8888. Our consultations are free, and we will explain how wrongful death cases work in Georgia.
Fatal Car Accident Cases in Alpharetta, Georgia
Georgia’s wrongful death statutes Official Code of Georgia Annotated (OCGA) §51-4 outline how fatal accident cases work in Alpharetta. According to these laws, certain family members can take legal action to pursue compensation and hold the at-fault driver accountable. In general, this includes:
- A surviving spouse and surviving children
- If no spouse or children, surviving parents
- If no surviving spouse, children, or parents, a representative of the estate as named in the will or through other legal means
In most cases, the qualifying family members receive the proceeds of the case, if there is a settlement or court award. However, if a representative of the estate files the claim, the benefits will go to the estate and will be distributed according to the will or estate plan.
To learn more about wrongful death lawsuits in Fulton County, call the Bader Scott Injury Lawyers team today at (404) 888-8888. We will discuss your case with you for free.
For a free legal consultation with a fatal accidents lawyer serving Alpharetta, call (404) 888-8888
Building a Case Based on Negligence in a Fatal Accident
Like personal injury accident cases, fatal traffic accident cases rely on proving negligence and liability. To prove negligence, we must collect evidence to prove that the at-fault driver acted carelessly or recklessly and caused the death of your loved one. Showing they are liable for your loved one’s injuries and death requires us to prove four things:
- The driver had a duty to follow specific traffic laws or rules.
- The at-fault driver broke the law or rule, leading directly to the accident.
- Your loved one suffered injuries and passed away because of the accident.
- You suffered financial losses, as well as emotional losses, as a result.
Once we have the evidence we believe will prove that the driver acted negligently in causing your loved one’s injuries and death, we can take action to hold them liable. This often involves filing a claim against the driver’s car insurance liability coverage and demanding a just payment based on the calculated value of your damages. Alternatively, sometimes we file wrongful death lawsuits in a Fulton County civil court to hold the negligent party responsible.
In some cases, the negligent party may also face criminal charges concerning your loved one’s death. This is common if a driver was intoxicated, impaired, or driving aggressively at the time of the accident. However, the criminal case against them has no bearing on the case we pursue.
To learn more about how an Alpharetta fatal accident lawyer from Bader Scott Injury Lawyers develops a wrongful death case and pursues damages, contact our team today at (404) 888-8888.
Alpharetta Fatal Accident Lawyer Near Me (404) 888-8888
Recoverable Damages in a Fulton County Fatal Accident Case
At Bader Scott Injury Lawyers, we seek damages on behalf of our clients, working to hold the at-fault motorist accountable for the intangible and financial losses you experienced. The damages that could result in monetary compensation for the decedent’s immediate family members include:
- Loss of income, benefits, and support
- Loss of intangible benefits, including care, companionship, and guidance
- Loss of services
In addition, the estate could receive compensation for damages such as:
- Treatment and care expenses related to the accident
- Burial and funeral costs
- Pain and suffering your loved one endured between the time of the accident and their death
The process to seek these damages on behalf of the estate is sometimes known as a survival action. It generally covers many of the damages the accident victim could have recovered had they survived the accident and pursued a personal injury lawsuit based on the collision.
Statute of Limitations on Wrongful Death Accident Cases
In most cases, Georgia statute OCGA §9-3-33 only gives qualifying family members or representatives of the estate up to two years to file a civil suit in a wrongful death traffic accident case. This countdown begins immediately following your loved one’s death. If you do not reach an insurance settlement or file a lawsuit by this deadline, it may be challenging to secure financial compensation in your case.
There are some exceptions to this rule, however. This includes when the deceased person’s estate is still in probate. Our team can help you understand how long you may have to file a wrongful death action on behalf of your family if we cannot settle without taking this type of legal action.
Many wrongful death cases settle out of court, via a fair settlement agreement with the at-fault driver’s insurance provider. We will calculate the value of your case, negotiate with the insurer, and fight for fair compensation.
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Talk to a Member of Our Alpharetta Fatal Accident Team Today
With help from an Alpharetta fatal accident lawyer from Bader Scott Injury Lawyers, you may be able to pursue a case against the driver who caused your loved one’s death. Our team will analyze the accident and determine if you can take action to seek wrongful death damages.
Bader Scott Injury Lawyers handle fatal accident civil suits based on contingent fees. We do not ask our clients to pay anything out of their own pockets for our services. Instead, we represent them using our own resources and receive attorney’s fees only after we secure a settlement.
Call (404) 888-8888 to learn more about how we may be able to help with your case.