There are devastating car accidents every day in the Atlanta area. Many of these result in tragic deaths. It can be very difficult to cope if you unexpectedly lost a loved one. As survivors, you and your family must plan for a funeral while also working to discover exactly what caused your family member’s death. As experienced Atlanta car accident lawyers, we have worked with the families of numerous fatal car crash victims, and we understand how important it is for you to get answers during this painful time. By working with a fatal car accident lawyer, you can pursue compensation from the careless driver so that you and your family can begin the long road to recovery. For legal assistance with every aspect of this difficult process, do not hesitate to call a compassionate and knowledgeable fatal car accident lawyer.
If you lost a loved one in a car accident, contact Allen & Scofield Injury Lawyers, LLC to speak personally with an attorney. Call us at (404) 419-6674 or contact us through our online form to review your options and schedule a free, no-risk consultation.
Fatal Accidents Are All Too Common
Tens of thousands of people are injured in car accidents every year in Atlanta. Many of these collisions are catastrophic and lead to untimely deaths. Our state averages around 1,500 annual road deaths. Frequently, these accidents happen on large highways. High-speed wrecks, or truck accidents, can also cause a lot of damage and injure or kill numerous people. However, people are often surprised by the number of fatal wrecks that occur on small streets. One factor that may contribute to this is the fact that many drivers reduce their attentiveness when they are driving at a comfortable pace on a low-traffic road. Drivers in these conditions are often distracted by their mobile devices which can lead to catastrophic collisions.
Deadly car accident victims come from every age group, and they are often following the law and usually are wearing their seatbelts. Additionally, there are several hundred pedestrians hit and killed by cars every year in our state.
Some of the most common causes of fatal car accidents include:
- Intoxicated drivers
About 20 percent of deadly car accidents involve a drunk driver
- Reckless drivers
Accidents happen due to unsafe lane changes, speeding, and tailgating
- Distracted drivers
Many accidents happen when drivers are using their phones, speaking with passengers, or eating
- Defective vehicles
If your car was poorly assembled, or built with a defective auto part, it could result in a deadly accident
- Exhausted drivers
People sometimes fall asleep at the wheel and cause a deadly wreck, and this is many times the case with overworked truck drivers
Wrongful Death Claims In Atlanta
You have the right to recover damages from someone whose negligence caused the untimely death of your loved one. People driving on our roads owe others a duty of reasonable care so that everyone is safe from harm. Drivers are legally negligent when they fail to uphold this responsibility. Wrongful death claims work similar to personal injury lawsuits. However, in a wrongful death claim, the party taking action is the survivor of the deceased victim. Georgia law allows for a spouse, child, parent, or a person representing the estate of the deceased to bring a wrongful death action. If you are the spouse of the deceased, you are required to represent the interests of any minor children that you have with the person who passed away.
You may be concerned about your livelihood, and the wellbeing of your loved ones, if a close family member of yours was needlessly killed in a fatal car accident. Our experienced wrongful death attorneys can work to secure a wrongful death car accident settlement that will compensate you for your financial damages so that you and your family can begin to heal.
We have represented many who lost someone in a deadly car accident in Atlanta or the surrounding area. We can help you receive compensation for:
- Funeral expenses
- Lost income that the deceased provided
- Loss of future expected income that the deceased would have reasonably been expected to earn over time
- Loss of care and companionship
- Loss of consortium
A Survival Action Can Be Filed With A Wrongful Death Claim
Our compassionate wrongful death lawyers understand how to work within the complex legal system to help families who needlessly lost a loved one in a fatal car accident. We know that it’s very important to recover financial compensation in cases where the deceased earned a substantial income that benefited their family. Wrongful death claims are made on your behalf to seek damages that you deserve. You may wonder: “what about damages that the deceased person deserved to recover from the loss of their life?” It’s very common for an accident victim to pass away before being able to file a lawsuit to recover the damages that they sustained while they were still alive after their accident.
A survival action is a lawsuit filed by a representative for the deceased person’s estate that seeks to recover compensation that the accident victim could have received before their death. This is not technically an action to financially help the survivors. However, this claim still benefits surviving family members because they are the ones who are having their inheritance reduced due to the untimely death of their loved one. Survival claims can be filed in the same action as your wrongful death claim, and they can help you recover the following relief on behalf of the deceased:
- Medical and hospital bills
- Lost wages
- Property damage
- Pain and suffering
The Statute Of Limitations Affects Your Case
Georgia’s statute of limitations law requires that wrongful death claims be filed within two years of the person’s death. If the lawsuit isn’t filed by that deadline, it risks being dismissed. This law is meant to induce victims to act quickly, and to protect people from being sued for something that happened many years ago after memories fade and evidence disappears. It’s important to note that the two-year window begins on the date of death, and not on the date of an accident that later caused death. Fatal car accidents almost always create complex legal proceedings where the insurance companies for the negligent party work hard to avoid giving a fair payout to the victim’s family. The insurance company’s job is to pay you as little as you can. Your lawyer’s job is to build a strong case to maximize your compensation. Given the amount of time these lawsuits take to resolve, it’s important to call a personal injury lawyer as soon as possible after a fatal car accident in Atlanta.
We understand how the statute of limitations will affect a possible car accident death insurance payout for you and your loved ones. These rules are complex, and there are certain situations when the statute of limitations can be paused or deferred to begin later. For example, if there is a parallel criminal proceeding going on regarding the fatal accident of your loved one, the statute of limitations for your wrongful death claim can be postponed until the criminal case ends. Do not hesitate to reach out to us to inquire about how Georgia’s statute of limitations will impact your ability to recover damages after the untimely death of a loved one.
Allen & Scofield Injury Lawyers, LLC Can Help
The sudden death of a loved one devastates an entire family. You deserve answers, and you have the right to pursue damages from the negligent party who caused the fatal car accident. Do not wait to contact a knowledgeable lawyer about your potential legal claims during this difficult time. The fatal car accident lawyers with Allen & Scofield Injury Lawyers, LLC have helped many families in your position, and we know how to successfully approach these complex and aggressive legal issues.
To speak with an experienced Atlanta car accident lawyer about your options after a fatal car accident takes someone you love, call Allen & Scofield Injury Lawyers, LLC today at (404) 419-6674 or through our online form to schedule a free, no-risk consultation.