If your loved one passed away from a fatal collision in the Atlanta area, you may be able to seek compensation. A South Fulton fatal accident lawyer can review your case and determine if you are eligible. Call a team member at Bader Scott Injury Lawyers today to schedule a free consultation at (404) 888-8888.
Your Legal Rights for Filing a Wrongful Death Claim After a Fatal Car Accident
After you have lost a loved one in a car accident due to the negligence of someone else, you may have the ability to hold them or another liable party accountable for their actions. You should first find out if you are eligible to take legal action and collect compensation.
Under Georgia law, surviving family members of the deceased may bring forth a wrongful death claim. This includes a spouse or children. A surviving spouse would be the first to make a claim. If there is no surviving spouse, a child can pursue a wrongful death claim for the death of their parent.
Be mindful that more than one party may be responsible or legally liable for an accident. Moreover, if a truck driver or construction worker caused your accident, their employer may be the party that is liable for the death, rather than themselves. Your attorney can help you understand this as it pertains to your case.
Statute of Limitations
Keep in mind that when filing the wrongful death claim, you have a time limit to do so, known as a statute of limitations. Under Georgia’s statute of limitations O.C.G.A § 9-3-33, you generally have two years to file a personal injury claim from when the fatal accident occurs. If you are able to claim loss of consortium, this deadline might get pushed back to four years.
You can discuss this with a South Fulton fatal accident lawyer to figure out your legal rights. Call the law office of Bader Scott Injury Lawyers today to schedule your free consultation at (404) 888-8888.
For a free legal consultation with a fatal accidents lawyer serving South Fulton, call (404) 888-8888
Types of Damages Awarded in a Wrongful Death Claim
There are specific damages you may qualify for that slightly differ from a regular personal injury claim. No amount of money will bring back your loved one, but these damages can help keep you financially afloat and provide the help your family needs to handle any outstanding expenses from the accident. Compensation you may be able to receive in a wrongful death settlement on behalf of the decedent and your family can include:
- Ambulance fees.
- Hospital bills.
- Funeral expenses.
- Burial expenses.
- Loss of consortium.
- Loss of income.
- Time off of work.
- Psychological therapy.
- Pain and suffering.
Under Georgia ruling, there may also be factors that limit the amount of compensation you may be able to collect. That is why it is important for you to keep all medical bills related to your loved one’s medical care after the car accident, and any fees from funeral and burial expenses. Keep track of any appointments and time off of work in regards to the fatal accident as well. This can provide proof of your costs and losses in a wrongful death claim.
It is important to understand Georgia’s negligence laws when seeking compensation for a fatal accident. Georgia follows a comparative negligence law under O.C.G.A § 51-12-33. This means that if your loved one is found to be partly at fault for the car crash, the compensation awarded may be reduced by the percentage of fault.
South Fulton Fatal Accident Lawyer Near Me (404) 888-8888
How an Attorney Can Help You File a Wrongful Death Claim
Filing a wrongful death claim can be difficult when you are still trying to heal from the devastation. You may not know what to do or how to begin the process of seeking justice for your loss.
On top of that, a wrongful death claim requires a lot of legal documentation and preparation to be executed properly in order for a fair and full settlement to be granted. An attorney can help you with your wrongful death case by:
- Preparing legal documentation.
- Collecting evidence.
- Gathering witness statements.
- Investigating the scene of the accident.
- Interpreting complicated legal jargon.
- Explaining confusing laws surrounding your case.
- Keeping you up to date with your case.
- Calculating a fair settlement.
- Fighting against common defense tactics.
A wrongful death attorney can understand what you are going through and the importance of fighting for the compensation you and your family deserve. He or she may be aware of defense tactics and strategies that the defendant’s insurance company might use to lessen your settlement amount. A lawyer can help you take down these defense claims and negotiate a fair award.
Furthermore, there are things you may do or say that could damage your claim. An attorney can provide tips and advice on what you should be wary of while you are undergoing a claim. Likewise, there are things that you can do that may help your case and increase your chances of a fair and full settlement, which your attorney can advise you on as well.
Contact Legal Representation for Help With Filing a Wrongful Death Claim
If your loved one suffered fatal injuries in a car accident around the Atlanta area, you may have the right to pursue legal action. Losing a loved one can take an emotional toll on you and your family. It can also put you in financial ruin. Filing a wrongful death claim can hold the defendant accountable and get you the compensation you may need to get by.
A South Fulton fatal accident lawyer can help build you a strong case and fight for your rights to reach a fair settlement. Get your wrongful death claim started today by reaching out to Bader Scott Injury Lawyers to schedule a free consultation. Call us at (404) 888-8888 now.