A tragic car accident happened, and now your loved one is dead. If they had survived the accident, they could potentially sue the at-fault party for their damages. But what can be done if they were fatally injured in the accident?
Their family can contact a Stone Mountain fatal car accident lawyer to claim compensation on their behalf. As their loved one, you can make a wrongful death claim against the parties who caused the accident. While no amount of compensation will replace the life that was lost, acquiring a settlement against them will help you replace the income and companionship that they may have provided if they had not died.
Car Accidents Can Be Deadly
Many people do not think too deeply about the real safety implications of driving or being a passenger of an automobile. Yet, thousands of roadway users are killed annually in fatal car accidents. In fact, the National Highway Traffic Safety Administration (NHTSA) reported that 42,915 people were killed in traffic accidents in 2021., which is up from the 38,824 fatalities that occurred in 2020.
These NHTSA statistics may shock you, but this is the reality – driving or being the passenger of a vehicle is one of the most dangerous activities that people routinely participate in. This fact is easy to discount, that is until one of your loved ones is killed by the negligence of another driver. Fortunately, certain family members do have the right to file a wrongful death lawsuit against the at-fault party when deaths do occur on the road.
To learn how you can file a wrongful death lawsuit, get in touch with a fatal car accident lawyer in Stone Mountain.
How to Respond When Someone Dies in a Car Accident
When a negligent driver’s actions lead to the death of your loved one, you do have recourse. Legally, some members of the deceased person’s family may be eligible to file a wrongful death lawsuit, depending on the circumstances of the accident and their relation to the deceased. Though generally, compensation can only be acquired by surviving spouses and the deceased person’s next of kin.
The purpose of wrongful death actions is to acquire the support needed to replace the deceased person’s income and the other contributions they would have made to their families. Yet, in order to win these damages, the family must convince the court that it was another driver whose negligence caused the fatal accident.
You may feel like it is obvious who caused the accident, but this is rarely the case. Few people will openly admit to being at fault in a fatal accident, so the help of a Stone Mountain fatal car accident attorney is often paramount in the process of proving your case. This is an unfortunate truth, but in acknowledging it, you can see why you will need to get in touch with a law firm to file your claim today.
Dealing with Insurance Companies
Whenever a fatal car accident is reported, the insurance companies of all associated drivers will work to investigate the incident. This process may even involve the acquisition of testimony from accident reconstruction experts who provide their opinion on how the accident happened. These experts rely on evidence from the crash site, analysis of traffic patterns, local debris, and other relevant elements to make their observations.
The purpose of these investigations is to determine who was at fault. Though, sometimes there is a stalemate that requires family members to step up to the plate and claim compensation themselves. While the family member may not be a direct source of information related to the accident, they can provide the insurance companies with insight into how the decedent lived and their usual driving behaviors.
Remember, you are still a key source of information that can be relied on in court. Whether what you say will work for or against your case depends on who you talk to. In general, it is never a good idea to talk to the other driver’s insurance company. Their goal is to minimize liability on their end, so trust that they will have ulterior motives when speaking to you about the accident.
Proving Fault in Fatal Car Accidents
Your loved one is not around to provide their testimony, so proving that the other driver’s negligence caused the accident can be substantially more difficult than you would expect. With the other driver’s insurance constantly attempting to skirt responsibility, someone filing independently will likely struggle to argue their case effectively. Similarly, someone without a lawyer may not have the knowledge or resources needed to collect appropriate evidence that is needed to prove their case.
Through the assistance of an experienced Stone Mountain fatal car accident lawyer, you have access to legal expertise that will increase the likelihood of your case ending in a settlement or judgment in your favor. This is because qualified lawyers should be capable of building a strong case that relies on facts and evidence. For example, if there are traffic cameras that captured the fatal accident on camera, your lawyer will know how to get access to that footage so that it can be used in court.
If you were to attempt to acquire that evidence on your own, you may be limited by your lack of experience in navigating these bureaucratic systems. There is also the risk of the footage being deleted if you wait too long to file. Therefore, it makes sense to reach out to a Stone Mountain fatal car accident lawyer as soon as you realize that you may be eligible to recover compensation through a wrongful death claim.
You May Need a Lawyer to Recover Compensation for a Wrongful Death
You can hire a fatal car accident attorney in Stone Mountain to help you resolve the issue promptly. Their job is to work with the insurance companies to negotiate a fair deal, ensure that your rights are upheld, and, if necessary, prepare your case to be presented in court. This is a sensitive process, so ensure that you entrust the job to a reputable and reliable attorney.
While you are free to choose any lawyer you like, we suggest that you use the contact form on this page to get in touch with Atlanta Car Accident Lawyer today.
