A wrongful death claim following a fatal car accident can help mitigate some of the financial stress caused by a sudden, tragic loss. While the victim is unable to speak up for themselves, you can file a claim on their behalf, holding the guilty party responsible for their negligent actions.
If you are worried about the hassle of filing and defending a claim, don’t. A Marietta fatal accident lawyer at Bader Scott Injury Lawyers will be right alongside you as you file your claim, right behind you as you fight for your rights, and right between you and the other party as you negotiate a settlement. Call our office today to get more information in a free, no-commitment consultation at (404) 888-8888.
Explaining Georgia Wrongful Death Cases
Anyone who is the victim of negligence has the right to pursue compensation through a claim or lawsuit. To recover compensation for your wrongful death-related damages, there are several things that you need to prove.
An attorney from Bader Scott Injury Lawyers can help you demonstrate that:
- The other driver had a responsibility to drive with reasonable care;
- The other driver did not uphold that responsibility;
- The other driver’s failure to drive with care caused the accident; and
- Your loved one passed away due to the collision.
By illustrating these aspects, you can lay the foundation of your car accident case.
Recoverable Damages in a Successful Marietta Wrongful Death Case
If you can establish negligence, you may be able to hold the other driver responsible for your loved one’s passing.
In a fatal accident case, some of your compensable damages may include:
- Your loved one’s medical bills
- Funeral and burial costs
- The loss of your loved one’s income
- Loss of consortium
As you may know all too well, not all fatal accidents result in death at the time of the collision. Your lost family member may have had treatment in a hospital or care facility, resulting in large medical bills in addition to funeral expenses. A successful wrongful death claim can help with any related costs, alleviating some of your financial burdens while you process your loss.
Only Certain Parties Can File Wrongful Death Cases
Per the Official Code of Georgia Annotated (OCGA) §51-4-2, the decedent’s surviving spouse or children can file a wrongful death claim or lawsuit. If the decedent was not married or did not have children, then their parents may be able to initiate legal action.
You may have questions about who can file a wrongful death claim in Georgia. Bader Scott Injury Lawyers can address your concerns. When you team up with us, a Marietta fatal accident lawyer can explain your financial recovery options.
Georgia’s Wrongful Death Statute of Limitations
Georgia’s statute of limitations for bringing a wrongful death lawsuit is typically two years from the date of the decedent’s passing, per OCGA §9-3-33. Some aspects of your case may alter this deadline. To understand how long you have to file your case according to the unique factors of your situation, call Bader Scott Injury Lawyers today.
For a free legal consultation with a fatal accidents lawyer serving Marietta, call (404) 888-8888
Accidents that May Qualify for Compensation
To resolve your wrongful death case, you will need to prove that your loved one passed away because of another party’s negligence. Fatal car accidents can happen in a variety of different ways. Your lawyer will review the details of your loved one’s death and create a plan of action accordingly.
Your loved one may have passed away due to the following.
A Drunk Driver
The National Highway Traffic Safety Administration (NHTSA) estimates that a third of traffic fatalities are caused by drivers operating their vehicles under the influence. The link between drunk driving and fatal accidents is clear. If your loved one was killed by a drunk driver, you may have grounds to hold that driver liable.
Keep in mind that criminal and civil cases are separate; you can file your wrongful death suit regardless of whether the drunk driver is charged or convicted of a crime.
Drunk driving can also be tied to hit-and-run accidents. If your loved one’s fatal accident was caused by a hit-and-run driver, you still have options to pursue compensation. To learn about this situation or any drunk driving accident scenario, contact Bader Scott Injury Lawyers at (404) 888-8888.
A Distracted Driver
Distracted driving is on the rise. In 2018, distracted driving claimed the lives of 2,841 people, according to the NHTSA.
To demonstrate that distraction played a role in your family member’s fatal accident, your attorney can use the other party’s:
- Text message threads
- Social media posts
- Phone records
These pieces of information can illustrate that the negligent driver did not give the road their full attention and was therefore responsible. We can help hold that driver accountable.
A Truck Driver
Semi-trucks and big rigs weigh 20 to 30 times more than the average motor vehicle, according to the Federal Motor Carrier Safety Administration (FMCSA). Accidents involving large trucks can cause substantial damage. In fact, the Insurance Institute for Highway Safety (IIHS) puts it plainly: the occupants in passenger vehicles are usually the ones killed in large truck accidents. If this happened to your loved one, and you are overwhelmed with figuring out fault and liability, consult a lawyer.
Marietta Fatal Accident Lawyer Near Me (404) 888-8888
We Are Here for You
A Marietta fatal accident lawyer at Bader Scott Injury Lawyers can fulfill a lot of roles for you: researcher, representative, evaluator, and advisor. However, our attorneys start by being listeners. Call us today for a free case evaluation. We will listen to your story, determine your eligibility for damages, and help you with your next steps. Call us now at (404) 888-8888.