Distracted driving- Unfortunately, some drivers use their cell phones or any other electronic device while driving and they don’t pay attention to what is happening on the road leading to distracted driving. Any form of distraction that can divert the attention of the driver away from the road – even for a second or two – can easily lead to a fatal head-on collision. Call Bobe & Snell Law Office LLC today at (470) 268-5802 If you lost a loved one in a fatal car accident that occurred due to someone else’s negligence.
Each party should prepare their arguments and settlement demands in form of a brief before going to mediation. The mediator and the parties in mediation should get the briefs so that everyone is fully and equally informed about the case. Contact Bobe & Snell Law Office LLC today at (470) 268-5802 If you need an experienced, reliable, and dedicated Atlanta car accident attorney to represent you in mediation.
Negligent or Reckless Driving– Drivers who operate their vehicles dangerously and irresponsibly, including failure to observe traffic rules and exceeding the speed limits, are likely to cause serious car crash that can end up being fatal and costing someone’s life. Call us today at (470) 268-5802 we would take the case to court on your behalf if necessary.
When a driver operates a car dangerously and carelessly, a fatal car accident can occur, and unfortunately, someone will lose life as a result. The victim’s family deserves to get justice and therefore, they should fight aggressively to ensure that the at-fault driver is held responsible for his or her negligent actions. Call us today at (470) 268-5802 our attorneys at Bobe & Snell Law Office LLC can help you with bringing a wrongful death claim against the at-fault party.
Mediation is a form of alternative dispute resolution, which involves a neutral third party (usually referred to as a mediator) who facilitates discussions and negotiations between two or more parties to help them resolve their dispute and reach a mutually satisfactory agreement/settlement. Contact Bobe & Snell Law Office LLC now at (470) 268-5802 If you need an experienced, reliable, and dedicated Atlanta car accident attorney to represent you in mediation.
Car Accident Death Claim Atlanta
Losing a loved one in a car accident can cause a lot of grief and devastation to friends and family, and it is never easy to accept such a loss and move on in life. Moreover, you and your family will suffer unbearable grief when someone else acted negligently while driving and caused a car accident that cost the life of your loved one. If such an unfortunate tragedy happens, then you (as a surviving family member) may be entitled to bring a car accident death claim or file a lawsuit against the driver responsible for causing the accident.
Of course, money can never fully compensate for the loss of a loved one, especially when it happens due to someone else’s negligence, but monetary compensation can ease the financial burden and serves justice to the victim’s family, which they deserve to get on with life.
Various jurisdictions have established different processes and procedures for filing a wrongful death claim arising out of a fatal car accident. In some instances, the surviving family members may have to find out the personal representative for the decedent’s estate first before filing a claim.
Remember that the personal representative (PR) often has the right to bring a wrongful death claim on behalf of the deceased’s estate. In other jurisdictions, there are no limitations to who can bring a wrongful death claim, and therefore, the decedent’s family can file the claim directly.
Wrongful death claims due to a fatal car accident
There is a big difference between wrongful death claims due to a fatal car accident and personal injury claims filed following a car accident. Furthermore, the timeline for filing wrongful death claims varies from one jurisdiction to another.
Failure to meet the specified timeline when filing your claim will result in a permanent waiver of your right to seek and successfully recover compensation under your state’s wrongful death statute.
Therefore, you need an experienced and reputable car accident attorney by your side to represent and guide you throughout the process to ensure you get everything right from the onset so that you don’t miss the set deadlines.
Your lawyer at Bobe & Snell Law Office LLC knows the timelines set in Georgia and will ensure you file your Atlanta car accident death claim on time to avoid making mistakes that can jeopardize it.
Further, the attorney will fight aggressively and tirelessly to ensure the claimant or personal representative of the estate recovers the monetary compensation that they deserve.
Common Causes of Fatal Car Accidents
When a driver operates a car dangerously and carelessly, a fatal car accident can occur, and unfortunately, someone will lose life as a result. The victim’s family deserves to get justice and therefore, they should fight aggressively to ensure that the at-fault driver is held responsible for his or her negligent actions that cost the life of their loved one.
Fatal car accidents occur every year in Georgia and the most common causes include:
Negligent or reckless driving
Drivers who operate their vehicles dangerously and irresponsibly, including failure to observe traffic rules and exceeding the speed limits, are likely to cause serious car crash that can end up being fatal and costing someone’s life.
Unfortunately, some drivers use their cell phones or any other electronic device while driving and they don’t pay attention to what is happening on the road leading to distracted driving.
Any form of distraction that can divert the attention of the driver away from the road – even for a second or two – can easily lead to a fatal head-on collision because the driver will cross a double yellow line without even realizing it and eventually strike another oncoming vehicle.
Driving under the influence or intoxicated/drunk driving
Every driver must strictly follow the laws for intoxicated/drunk driving enacted by each state. A driver who operates a vehicle while under the influence of alcohol or drugs endangers other drivers and passengers on the road and puts their lives at risk.
Since alcohol and drugs can significantly impair a driver’s motor skills, thinking, coordination and judgment, and reaction time, he or she won’t able to drive safely and maintain control of the vehicle properly, and therefore, can easily cause a fatal crash.
If you lost a loved one in a fatal car accident that occurred due to someone else’s negligence, you should contact an attorney at Bobe & Snell Law Office LLC to help you bring a car accident death claim Atlanta against the at-fault party or parties.
Our experienced, reputable, and dedicated lawyers will work tirelessly to ensure that you get the justice that you deserve. They will do their best to file a successful claim for you to recover damages and hold the at-fault party responsible for his/her negligence.
What Is a Wrongful Death Claim?
A wrongful death claim is a type of claim that can be brought against the party responsible for causing a fatal car accident that costs someone’s life. A surviving family member or a personal representative of the decedent’s estate can file a wrongful death claim to seek compensation for the loss of their loved one.
The elements of proof (burden of proof) for a wrongful death claim and a typical negligence case are much the same. If you intend to bring a car accident death claim on behalf of a loved one who lost his/her life in a fatal car crash caused by someone else’s negligence, then ensure you consult an attorney to help you with the following:
- Determining who’s eligible to seek monetary compensation based on the applicable laws and regulations for filing a wrongful death claim in your state.
- Opening the decedent’s estate and taking the necessary steps to appoint a personal representative of the estate and gathering copies of all relevant documentation on behalf of your deceased loved one.
- Filing a wrongful death claim that includes all relevant medical records and bills that the deceased might have incurred before his or her death, and submitting a demand package to the at-fault party or his/her insurance company.
- Attempting to negotiate with the at-fault party or his/her insurance company to reach a favorable settlement.
- Appearing before a jury in your state court system to continue to litigate and try the case, if no favorable settlement is reached.
Who Can File a Wrongful Death Claim?
The laws for wrongful death claims and estate are often state-specific, and therefore, knowing the jurisdiction where the fatal car crash occurred is important when answering the question of who can file/bring a car accident death claim Atlanta.
In some states, the only individuals who are eligible to bring a wrongful death claim are those appointed as personal representatives of an estate. In other jurisdictions, a wrongful death claim may be brought directly by the surviving family members. In such jurisdictions, the following family members may be eligible to file a wrongful death claim:
- Spouse of the deceased
- Children of the deceased
- Parents/guardians of the deceased
- Extended family members who survive the deceased
However, various states have adopted different orders of precedence among these individuals. Experienced, reputable, and dedicated car accident attorneys at Bobe & Snell Law Office LLC can help you with bringing a wrongful death claim against the at-fault party because they are well versed in Georgia compensation laws.
If your loved one died in a fatal car accident that occurred due to another driver’s negligence and recklessness, you may be eligible to bring a car accident death claim to seek monetary compensation from an at-fault driver’s insurance company.
You need an experienced lawyer by your side because wrongful death claims can be complicated, and therefore, ensure you find one who understands the law in your state to help successfully pursue a claim.
Car Accident Death Claim Atlanta
It is not easy to bring a successful wrongful death claim without a lawyer to help you with gathering the necessary documentation, opening an estate, filing the claim itself, negotiating a settlement, and taking the case to court on your behalf if necessary.
Call us today at (470) 268-5802 or contact us online to schedule a Free Case Review with our car accident attorney.
Car Accident Death Claim Atlanta
Atlanta Car Accident Mediation
Atlanta Car Accident Mediation: Car Accident Mediation Process and Timeline
Today, most parties in car accident cases opt for an out-of-court settlement, whereby they agree to settle their disputes through settlement negotiations or mediation. Resolving legal disputes arising out of a car accident through mediation can be one of the most efficient ways of reaching a mutually satisfactory resolution of the matter. But what does Atlanta car accident mediation entail, and how is it different from a trial? In this article, we will share some insights about the process and timeline of car accident mediation, so read on to learn about it.
What Is Mediation?
Mediation is a form of alternative dispute resolution, which involves a neutral third party (usually referred to as a mediator) who facilitates discussions and negotiations between two or more parties to help them resolve their dispute and reach a mutually satisfactory agreement/settlement.
The purpose of mediation is to avoid the time, cost, and stress of taking a case to court, and instead, allow parties to resolve their legal disputes with the help of a neutral third party. Mediation provides an opportunity for parties to voluntarily make negotiations and offers to settle a claim/case after each party explains their perspective.
In mediation, unlike other forms of alternative dispute resolution, the neutral third party does not make any binding decision. The parties have full power to determine how they want to resolve their dispute and can terminate the mediation as they wish.
Typically, the driver who brought the claim or his/her attorney, and the other driver or a representative or the attorney representing the insurance company of the other driver take part in the car accident mediation.
In most cases, you and the other party or parties will equally share the cost of mediation. Therefore, you can avoid wasting time, money, and energy by ensuring that the other party is genuinely willing and committed to resolving the matter out of court.
Both parties should voluntarily agree to pursue car accident mediation to resolve their dispute and settle the claim, and neither party can force the other to make such a decision.
A complaint can be filed for the court to order mediation down the road. However, that isn’t always likely to happen. Remember that any settlement or agreement reached after mediation isn’t binding.
For that reason, you should be certain that the other side genuinely wants to settle the claim before you agree to Atlanta car accident mediation. You don’t want to drive up costs for no reason if the other party wants to pursue mediation in bad faith, and thus, don’t agree to it.
Choosing the Right Mediator
During car accident mediation, a neutral third party known as a mediator facilitates discussions and negotiations between disputing parties to try to settle the claim. Retired judges or attorneys who mediate personal injury cases regularly are usually the best choice for car accident mediators.
Mediators play a vital role in the mediation process, including helping parties to identify issues to be resolved, exploring the bases for reaching a resolution, discussing the consequences of the settlement/agreement, and guiding parties to accommodate the other parties’ interests.
Therefore, when it comes to choosing a mediator who would be the best fit for your dispute resolution, you and the other party should be careful and do your due diligence to make an informed choice.
If you decide to pursue mediation to resolve your car accident case, ensure you work with the right mediator who will guide you (the parties in dispute) to reach a voluntary, satisfactory, and agreeable out-of-court resolution or settlement.
Before Going to Mediation
Each party should prepare their arguments and settlement demands in form of a brief before going to mediation. The mediator and the parties in mediation should get the briefs so that everyone is fully and equally informed about the case.
What to Expect During Mediation?
After confirming the presence of the mediator and both parties or their representatives (you and your lawyer, and the other driver or a representative of his or her insurance company), a car accident mediation typically begins with an introductory session.
Before you proceed with your mediation, the mediator will first highlight the preliminary matters and let the parties know about their rights. The mediator will also remind parties about keeping the statements made during the mediation process confidential and neither party cannot use them against the other in court.
After the introductory session, the mediator and parties will either move to a single room or separate rooms to carry on with their Atlanta car accident mediation and get into the details of the case/claim.
At this point, both parties will be given an opportunity to describe the dispute, present statements about the case, and make their settlement demands. Then, the mediator will ask parties to go to separate rooms so that they can hold private caucuses.
The mediator usually will be going back and forth to meet each party separately and ask them to make their best settlement offer, giving reason(s) why it should be considered as a fair and reasonable offer. After listening to the offers made, the mediator will convey the same information to the respective parties.
If the mediator determines that the two parties have made somewhat close offers, then he or she will advise both parties to meet halfway so that they can reach an agreement and settle the claim.
However, if both parties make offers that are too far apart, the mediator will ask parties to either reconsider their settlement demands and make new proposals, or stop the mediation and take the case to court if they remain adamant.
Duration of Mediation
The duration of car accident mediation varies depending on the type of case to be resolved. Mediation itself has no time limit, so parties can take as much time as they want to settle the claim. There is no problem if you take up to several weeks to reach a settlement. However, a car accident mediation typically concludes in a day or two.
What Happens After Mediation
After reaching a resolution, the mediator will draft a car accident mediation agreement for the parties and go through it together with them before signing. If both parties are satisfied with the agreement, the mediator will ask them to sign it.
Keep in mind that courts in many jurisdictions treat mediation agreements as enforceable contracts that can be upheld.
Consult Our Car Accident Attorney
Nowadays, the courts can either ask or order parties in car accident cases to go to mediation first rather than taking up the case for trial from the onset. However, there is no need to wait for a court-ordered car accident mediation if you’re willing to settle the claim out of court.
Before filing a lawsuit in court, you can reach out to the other party to ask them if they are willing to mediate. If they agree to mediation, then it shows they are ready for an out-of-court settlement for your car accident claim to avoid the expenses of litigation in court.
If you are not satisfied with the resolution reached after mediation, then you should not be forced to accept because you still have the right to file a lawsuit in court to seek a better settlement.
While it is not mandatory to have a car accident lawyer when going to mediation, we recommend you find an experienced and reputable attorney who will represent you, protect your interests and rights, and maximize the value of your claim.
Atlanta Car Accident Mediation
If you need an experienced, reliable, and dedicated Atlanta car accident attorney to represent you in mediation, contact Bobe & Snell Law Office LLC today. Call us now at (470) 268-5802 or fill out our online contact form to schedule a Free, No-Obligation Consultation with our attorney.
Atlanta Car Accident Mediation