After a trucking accident fatality, a family can seek justice with a wrongful death insurance claim or lawsuit. If your loved one suffered a fatal injury because of someone else’s negligence, you have the right to seek compensation for their medical expenses, lost income, and other damages.
A lawyer with our firm can help you take action so that you can focus on caring for your family and taking care of your loved one’s final arrangements.
Why Pursue a Trucking Accident Case?
We offer our sincere condolences for the loss of your loved one. We know that no amount of compensation can ease your grief. Pursuing awards can remove some of the financial stress caused by your family member’s trucking accident. Seeking awards can also ensure that the liable party pays for their negligent or wrongful behavior.
In general, damages for a fatal trucking accident may include the following:
- Medical expenses. You can recover the cost of medical treatment related to your loved one’s injury, including compensation for ambulance transportation, emergency department services, medical procedures, hospital stays, medications, palliative care, and hospice.
- Funeral and burial expenses. Forbes reports that the average funeral costs around $7,800. Your family should not become shouldered with this unexpected expense during an already difficult time. A wrongful death case allows you to recover the damages related to laying your loved one to rest.
- Lost income. You can seek compensation for your loved one’s lost wages, earnings, and benefits, including income they would have likely earned had they lived.
- Vehicle damages. You can recover the cost of repairing your loved one’s damaged vehicle or compensation for its fair market value if the damages are a total loss.
- Non-economic compensation. Qualifying family members can pursue awards for the loss of the deceased’s counsel, guidance, care, and companionship.
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Who Is Liable for Trucking Accident Injuries?
Trucking accident cases can be complex when they involve multiple liable parties. For example, a truck driver may be responsible for your loved one’s fatal crash, but your claim may be against the driver’s employer because trucking companies can be vicariously liable for their employee’s actions. In addition, depending on the circumstances of the collision, other potentially liable parties may include:
- The truck’s owner
- The entity in charge of truck maintenance
- The manufacturer of a defective auto part, such as faulty brakes, tires, or tractor-trailer hitches
- A private or government roadway owner
- The owner or loader of the truck’s cargo
- A third-party motorist whose actions contributed to the crash
For the decedent’s family, knowing what to do after a trucking accident fatality can seem overwhelming. A lawyer with our firm can help you identify liable parties, collect and preserve evidence to establish your case, prove negligence and liability, and file your claims or lawsuits against the appropriate entities.
Who Can Seek Wrongful Death Compensation?
Georgia law specifies who can seek wrongful death damages. According to O.C.G.A. § 51-4-2, only the deceased’s surviving spouse, children, or parents (in that order) can receive these damages. If there are no qualifying survivors, the deceased’s personal representative (executor) can file suit on behalf of the estate and its beneficiaries.
How Long Do You Have to Take Action?
O.C.G.A. § 9-3-33 generally allows two years from your loved one’s death to file a wrongful death lawsuit. The statute of limitations also allows two years from the time of your accident to pursue personal injury compensation for any non-fatal trucking accident injuries.
If you do not file within the deadline, the court will likely decline to hear your case. Additionally, the trucking company may use the fact that you can no longer take legal action to reduce or deny your insurance claim.
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Do You Need a Trucking Accident Attorney?
You can pursue a wrongful death case without the help of a lawyer. However, securing representation can take the burden of seeking compensation off your shoulders. It also puts your case into the hands of a professional with insurance and legal experience. A lawyer with our firm can:
- Prepare your truck accident injury claim or lawsuit
- Track and adhere to insurance and legal deadlines
- Establish liability for your loved one’s accident
- Prove your damages using receipts, bills, pay stubs, and other proof of your economic and non-economic losses
- Collect evidence, including eyewitness accounts, police reports, medical records, and trucking company records
- Handle case-related meetings, emails, and phone calls
- Negotiate on your behalf and fight for the most advantageous possible settlement
- Represent your family during a trial if necessary
Contact Bader Scott Injury Lawyers for a Risk-Free Truck Case Consultation
Contact Bader Scott Injury Lawyers and get started on your fatal trucking accident case today. We offer free consultations and take cases on contingency, which means our services will cost nothing up front or out of pocket. Reach out and connect with a Georgia injury lawyer near you.