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. Call us today at (470) 268-5802 we can help you negotiate a settlement, and take the case to court on your behalf if necessary.
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