Are you grieving the loss of a loved one who died in a collision? Losing someone you love is never easy, though unexpected crashes can make grief even more painful, especially if the incident was preventable. At Jones & Swanson, we understand your pain.
Our fatal car accident lawyers in Woodstock will investigate the circumstances of the accident, identify who should be held responsible, handle communications with insurers, and pursue the damages your family deserves. It all starts with calling our law firm as soon as possible.
As attorneys who’ve been serving Georgia since 1995, we have over 50 years of combined experience. Together, we have won more than $50 million for our clients. Contact us today for help from our Woodstock car accident lawyer.
Understanding a Georgia Wrongful Death Claim
A fatal crash caused by another person’s negligence is not simply an insurance matter. Under Georgia law, certain surviving family members have the right to pursue a wrongful death claim when a person’s death results from another party’s wrongful act, neglect, or default.
Georgia Code § 51-4-2 gives a surviving spouse the right to bring a wrongful death action. When there are also surviving children, the spouse brings the claim on their behalf and shares in any recovery, with the spouse’s portion being no less than one-third. If there is no surviving spouse, the decedent’s child or children have the right to file.
The law also addresses situations involving the death of a child. Because the law gives different family members different rights, it’s important to talk to our Woodstock personal injury lawyer to identify who has authority to bring a claim based on the circumstances.
Your Family’s Loss is More Than Just Medical Bills and Funeral Expenses
After a fatal accident, insurance companies sometimes reduce the discussion to bills, receipts, and easily calculated financial losses. A wrongful death claim is broader than that. Georgia law recognizes the full value of a person’s life in a wrongful death action.
Determining that value requires evidence concerning the following:
- The person’s life
- Their relationships
- Their contributions to their family
- The present circumstances
- Their future (if they had survived)
There is also a separate claim involving expenses resulting from the injury and death. Under Georgia Code § 51-4-5, the personal representative of the deceased person is entitled to funeral, medical, and other expenses.
Treating everything as one simple insurance claim can leave important issues unaddressed. Our Woodstock fatal car accident lawyers will examine the losses connected to the death and determine which claims apply according to Georgia state laws.
The Process of Proving Who Caused the Crash
The fact that someone died does not automatically establish legal liability. In a typical negligence-based case, the evidence needs to establish that the other party owed a duty of reasonable care, breached that duty, and caused the crash and resulting death.
That investigation often begins with finding the following information:
- An accident report
- Photographs
- Vehicle damage
- Witness statements
- Medical records
- Roadway information
- Available video footage
Evidence from the vehicles themselves can also matter. Event data recorders, vehicle inspection records, maintenance documents, and other technical information can provide insight into what happened immediately before impact.
Our fatal car accident lawyers in Woodstock will focus on the facts rather than relying solely on the version of events presented by an insurance company. Taking the investigation seriously early in the claim helps preserve information that could become important later.
What Happens if Drunk Driving and Reckless Conduct Are Involved?
Fatal crashes involving alcohol or particularly dangerous driving require careful attention to more than ordinary negligence. Georgia’s reckless driving statute, O.C.G.A. § 40-6-390, defines reckless driving as operating a vehicle in reckless disregard for the safety of people or property.
A drunk-driving death also raises questions about punitive damages. Per Georgia Code § 51-12-5.1, punitive damages are intended to punish the defendant rather than compensate the victim, and they require clear and convincing evidence of aggravating conduct.
Georgia courts have recognized that drunk driving can support a punitive damages award, and the statutory cap on punitive damages generally does not apply in cases involving driving under the influence.
The civil case is separate from any criminal prosecution, so a DUI charge or conviction does not replace the family’s wrongful death claim.
Our fatal car accident attorneys in Woodstock will examine the available evidence concerning intoxication, reckless conduct, prior actions, and the circumstances leading to the crash when determining the claims available to the family.
Insurance Companies Have Their Own Interests
After a fatal collision, an insurance company will often contact surviving family members quickly. That contact can seem helpful during an overwhelming time, but the insurer is still evaluating its own financial exposure. Statements made to an adjuster can become part of the claim file and may be used against you later.
A proposed payment can also look different from the value of the legal claim available to your family. Accepting an offer generally involves giving up further claims connected to the accident.
You don’t have to handle those conversations alone. Instead, let our fatal car accident attorney in Woodstock communicate with insurance companies, review offers, and explain the legal consequences of accepting or rejecting an offer. That way, your family will understand what’s being offered before a decision is made.
Call Jones & Swanson for Legal Advice From Our Fatal Car Accident Lawyers in Woodstock
When looking for a Woodstock fatal car accident law firm to handle your case, you should know who is handling your claim and how to reach them. You deserve a meaningful attorney-client relationship built around preparation, communication, and advocacy.
A wrongful death claim also requires patience, but the purpose of hiring a law firm is to alleviate the stress of your legal responsibilities. That way, your family can take time to grieve while our lawyers handle the rest on your behalf.
At Jones & Swanson, our attorneys understand that your case demands a careful investigation, meaningful communication, and a willingness to advocate for you if another party refuses to take responsibility. The sooner you call, the sooner we’ll be able to help.
