If you have lost a family member in a Duluth fatal car accident, you may have questions about filing a wrongful death claim. Here we will discuss some of the most commonly asked questions related to fatal car accident claims. When you speak with a Duluth fatal car accident lawyer, they can answer questions specific to your unique situation.
The Statute of Limitations for Fatal Car Accident Claims in Duluth
Georgia’s General Assembly has set a two-year statute of limitations for fatal car accident claims. It is important to file your claim as soon as possible after the accident to ensure that your claim is eligible for compensation. The statute of limitations cannot be extended.
Who Can File a Claim for Compensation After a Duluth Fatal Car Accident?
The wrongful death statute from the Georgia General Assembly limits claims for compensation to the spouse and children of the deceased. If there is neither a spouse nor a child the claim may be filed by the parents of the deceased. If there is a will that names a personal representative they are allowed to file a claim.
How Long It Takes to Get Compensation After Filing a Fatal Car Accident Claim
A compensation claim after a fatal car accident will likely take a few months at best. It is possible that compensation could take a year or more. The timetable for receiving compensation will be affected by several factors specific to your claim.
A Lawyer Could Increase Your Odds of Getting Compensation from a Fatal Car Accident Claim
When you have a fatal car accident lawyer in Duluth to negotiate your claim and conduct an investigation the insurance company will be more likely to offer a reasonable settlement amount. The key is to get a Duluth fatal car accident lawyer who has plenty of experience and is a skilled negotiator.
Types of Compensation that Can Be Granted for a Fatal Car Accident Claim in Duluth
Compensation will not be granted for the mental pain and suffering your family endures due to the victim’s loss. Georgia only allows the family to seek compensation for the value of the deceased person’s life. This may include the loss of future wages, funeral costs, and medical costs for care administered before your loved one passed.
Who Has the Burden of Proof in a Fatal Car Accident Claim?
If you are unable to reach a settlement agreement, your claim will go to trial where you will have the burden of proving the defendant was at fault for the death. The defendant will likely try to reduce their liability by attempting to shift some of the fault to the deceased. As long as the deceased is less than 50% at fault you should be able to receive compensation.
All drivers on the road owe all other drivers a duty of reasonable care but you will need to prove that the defendant was negligent of that duty. You will also need to show that their negligence was a direct cause of the death of your family member. These can be hard tasks to accomplish for someone still mourning the loss of a family member.
The Modified Comparative Fault Rule in Georgia
The modified comparative fault rule for Georgia allows a percentage of fault to be assigned to each party. The party that is found to be 50% or more at fault is not allowed to receive compensation. If your loved one was under 50% at fault you may be granted compensation but it may also be reduced by the percentage of fault assigned.
Benefits of Hiring a Duluth Fatal Car Accident Attorney
When you have lost a loved one you deserve time to grieve with your family. When you hire a fatal car accident attorney in Duluth, you can have that time without stressing over an investigation and settlement negotiations. While you are grieving, your Duluth fatal car accident lawyer can be hard at work investigating the accident.
This is just one of the benefits of having a lawyer represent your claim. Other benefits can include:
- You can have a thorough investigation conducted on your behalf.
- You get a skilled negotiator on your side with experience handling insurance claim negotiations.
- They can help you determine a reasonable value for the life lost.
- You let the insurance company know that you mean business, they are more likely to make a reasonable settlement offer instead of lowballing you.
- If negotiations fail you have your lawyer to represent you and present your case.
- Most fatal car accident lawyers offer free case valuation and work on a contingency fee, this means if you are not granted compensation you will not have to pay.
- You may be more likely to receive all of the compensation the law entitles you to receive.
Will Your Claim Be Settled or Go to Trial?
Settling your claim depends on the insurance company’s willingness to pay an acceptable sum. Although many never go to trial, an experienced Duluth fatal car accident lawyer can investigate and handle your claim with every intention of going to trial until an agreeable settlement is reached.
How Compensation Is Distributed
When the deceased had a spouse and one child compensation will be split equally. If there are more children then the spouse is entitled to receive at least one-third of the compensation with the rest split equally between the children. When a claim is filed by a personal representative the compensation becomes part of the estate of the deceased.
Hire a Duluth Fatal Car Accident Lawyer Today
If you are looking for a Duluth fatal car accident lawyer, look no further than the Atlanta Car Accident Lawyer. Contact us today to schedule a case consultation so you can get answers specific to your claim.