Car accidents are problematic and challenging for those involved. They cause injuries and can lead to significant property damage. Unfortunately, car accidents can also result in the death of other drivers or passengers of other vehicles.
If your loved one was killed in a fatal car accident, the best recourse is to file a wrongful death claim against the at-fault parties. This is a difficult time for you and your family, so entrust the responsibility of filing to a South Fulton fatal car accident lawyer. They should understand how to navigate the process effectively, making it more likely that you will be able to recover the compensation you are due.
What Are Wrongful Death Claims?
If a person is killed by the wrongful actions of another entity, the decedent’s family is eligible to bring a wrongful death claim against the person who caused the death. The purpose of these claims is to recover compensation that matches “the full value of the life of the deceased.”
Dictating the value of someone’s life is a critical matter that is often quite complex. Therefore, you will likely need a lawyer to ensure that the amount of damages you pursue in your wrongful death claim is consistent with the actual value of the claim.
Hiring a fatal car accident lawyer in South Fulton is the best way to ensure that the wrongful death claim you file features all of the damages your family has incurred due to the negligence of the at-fault driver. They will calculate your total losses, then fight for your right to compensation in court.
Fatal Car Accidents Are Common
Have you ever considered how safe driving or being a passenger of a vehicle really is? It is easy for us to be disconnected from the reality of the dangers of driving because it is such a common practice. Yet, more than 42,915 people were killed in traffic accidents in 2021. This is a notable increase from the number of deaths that occurred in the previous year, as only 38,824 traffic fatalities happened in 2020.
Knowing this, you can see that the chances of dying while on the roads are actually relatively high compared to other modes of transportation. Therefore, it makes sense that laws would be in place to compensate the families of individuals who were killed by the negligence of another driver. So, if your family member was killed by a negligent driver, you should consider pursuing a wrongful death lawsuit to recover fair compensation from them.
The Full Value of a Life
Through wrongful death lawsuits, families attempt to recover compensation equal to the full value of the decedent’s life. This is difficult to measure, but it can be calculated based on associated factors. For example, courts will often estimate the value of the deceased person’s relationships and the money they would have earned throughout their lifetimes.
Similarly, medical expenses that occurred before the victim died should be included as part of the claimant’s losses. Because some of these losses are completely intangible, the process of calculating them can be broad and unspecific. By hiring a South Fulton fatal car accident lawyer, you can become privy to the methods that are normally used to calculate these damages.
Without a lawyer, you may be left guessing what the total value of your loved one’s life actually was. This can result in minimal claims that do not accurately represent what you and your family are due. Do not take this risk. Instead, hire a South Fulton fatal car accident attorney to represent you today.
Only Certain People Are Eligible for Wrongful Death Claims
State laws usually limit who can file a wrongful death claim strictly to close family members and a representative of the decedent’s estate. If your loved one died in a car accident that was caused by someone else’s negligence, you may be wondering whether you are eligible to file a wrongful death suit. Well, the people who are eligible include:
The Deceased Person’s Spouse
Someone’s spouse is legally tied to them. When their partner dies in a car accident caused by negligence, they will likely be left with a substantial gap in their ability to sustain the lifestyle they once shared. Because of this, the decedent’s spouse is typically eligible to file a wrongful death claim following fatal car accident incidents.
The Deceased Person’s Children
Children depend on their parents for financial, emotional, and social support. When a parent dies in a car accident caused by negligence, something must be done to replace the impact they may have had on their child’s life. For this reason, the children of the deceased are eligible to file wrongful death claims when their parents are killed by an irresponsible driver.
The Deceased Person’s Parents
In instances where the deceased has no surviving spouse or children, their parents can file a wrongful death claim on their behalf. While the parents may not have been financially dependent on their children, losing them can still be a notably painful experience. By filing a wrongful death suit, they can get the resources needed to provide for themselves in ways that their child may have if they had lived.
The Representative of the Deceased Person’s Estate
When none of the aforementioned family members have survived, the estate has the option to make a wrongful death claim. If the estate’s representative files a wrongful death claim, any money that is recovered will be placed into the estate. Depending on the desires of the deceased person, this money will then be dispersed to whoever is legally prescribed as their next-of-kin.
Siblings, Cousins, and Grandparents Are Not Allowed to File
Someone may have told you that any family member can file a wrongful death claim on behalf of their deceased loved one. This is not true. You must be one of the family members listed in the previous section.
If you are not someone from that list, you will need to work with a closer family member or the estate’s representative to have a claim filed. For those who feel a claim is necessary, you can speak to a South Fulton fatal car accident lawyer to get the information you need to move someone with the capacity to file towards actually making a claim.
Ensure that Justice Is Served
Fatal car accidents are a devastating occurrence that is far too common. Yet, you do not have to go on living without ensuring that justice is served against the person who caused the accident.
To get justice for your deceased family member, reach out to a fatal car accident attorney in South Fulton today. You can do so by using the contact form featured on this page.
