Losing a loved one in a fatal car accident is one of the most devastating experiences a family can go through. If this happened to you, our Austell car accident lawyer will help you pursue justice.
The team at Jones & Swanson has over 50 years of combined experience. If you lost a family member in a car crash, our fatal car accident lawyer in Austell will help you file a claim and pursue damages.
Why Hire Our Austell Fatal Car Accident Lawyer?
Having experienced legal counsel can make the wrongful death claims process more manageable.
Our Austell personal injury lawyer will help you by:
- Conducting a thorough investigation: We will gather police reports, photographs, surveillance footage, witness statements, and other evidence to determine what caused the crash and who is at fault.
- Determining the value of your claim: We will calculate your economic and non-economic damages and determine the true value of your claim.
- Negotiating for a fair insurance payment: We will negotiate with insurance adjusters and pursue a payout that reflects the impact of your loss.
- Preparing your case for trial (if necessary): If negotiations fall through, we will prepare your case for trial and represent you in court.
How Much Is a Fatal Car Accident Claim Worth?
Every wrongful death claim is different. Some cases are worth tens of thousands of dollars, while others reach into the millions. The value of your claim will depend on factors such as the deceased person’s age, income, and financial contributions to your family. Your claim may also account for the loss of companionship, care, and guidance the decedent provided.
Other factors that may affect the value of your claim include the strength of your evidence, insurance policy limits, and whether or not the deceased was partially responsible for the crash. Our Austell fatal car accident lawyer will assess your case and estimate its potential value.
What Types of Damages Are Available?
After a fatal car crash, you and your family members may be entitled to several types of damages, including:
- Funeral and burial expenses: Your payment could cover the costs associated with laying your loved one to rest.
- Medical expenses: You can seek damages for medical treatment provided before your loved one passed away.
- Lost income and benefits: You can receive damages for the wages, retirement benefits, and financial support your loved one would likely have provided.
- Loss of household services: You may pursue a payment for the value of services your loved one performed for your family.
- Loss of companionship: Eligible family members could receive a payment for the loss of their loved one’s care, companionship, and guidance.
- Pain and suffering before death: You can seek a reasonable amount for the pain and suffering your loved one experienced before death.
- Property damage: You can pursue the cost of repairing or replacing your loved one’s vehicle and other personal property damaged in the collision.
- Punitive damages: In cases involving especially reckless conduct, such as drunk driving, punitive damages may be available.
How Long Do You Have to File a Wrongful Death Claim in Georgia?
In Georgia, you generally have two years from the date of a family member’s death to file a wrongful death lawsuit. If you don’t file within this window, you will forfeit the right to seek damages. However, different rules may apply if:
- A criminal investigation is pending.
- A government entity is involved.
- The claim involves a minor beneficiary.
Our fatal car accident attorney in Austell will start building your claim immediately and help you file it on time.
Who Is Liable for a Fatal Car Accident?
Liability for a fatal car crash depends on the circumstances surrounding the crash.
Potentially liable parties include:
- Negligent drivers
- Commercial trucking companies
- Employers of negligent drivers
- Government entities responsible for roadway maintenance
- Contractors responsible for road construction
- Bars or restaurants (in certain dram shop situations)
Who Can File a Wrongful Death Claim in Georgia?
When it comes to filing a wrongful death claim in Georgia, the law enforces a strict order of priority.
Generally, the right to file belongs to:
- The surviving spouse (who shares any recovery with the deceased’s children, and whose share cannot be less than one-third)
- The deceased person’s children (if there is no surviving spouse)
- The personal representative of the deceased’s estate, on behalf of the next of kin (if there is no surviving spouse or child)
Do Most Fatal Car Accident Cases Go to Court?
Most fatal car accident cases are resolved through insurance payments rather than going to trial. However, insurance companies often attempt to resolve claims quickly by offering less than your family is entitled to, so it is important to understand the value of your claim before accepting an offer.
Several factors will determine whether your case goes to trial, including how clear fault is, the strength of your evidence, and whether insurers are willing to negotiate. If liability is disputed or an insurance company refuses to offer a fair payout, going to court may become necessary.
What to Do After a Fatal Car Accident in Austell
Following a fatal car crash, it’s critical to:
- Call the police and obtain a copy of the accident report.
- Preserve photographs, videos, and physical evidence related to the crash.
- Save funeral and burial receipts.
- Gather employment and income records for your loved one.
- Avoid discussing the case on social media.
- Keep records of all accident-related expenses.
- Save copies of correspondence from insurers and other parties.
- Speak with our attorneys before accepting an insurance payment.
Talk to Our Fatal Car Accident Attorney in Austell
While a successful wrongful death claim cannot undo your loss, it can provide a sense of accountability and peace of mind about your family’s future. If you need to file a claim, our Austell fatal car accident attorney will walk you through the process and help you and your family secure the compensation you deserve.
Book a free case review to learn more about your legal options.
