Car accidents can be terrifying and confusing experiences. They are often occurring while the driver is caught off guard. For this reason, car accidents are often traumatizing. This is even more true for family members of car accident victims where injuries caused by the accident lead to death.
This is a devastating situation for the family members to be in. These circumstances often come with sudden financial burdens and while you are grieving the loss of your loved one, you now have the burden of solving financial setbacks brought on by your loss.
A Woodstock fatal car accident lawyer will be able to help you navigate the legal process of filing a claim. While there is not always a crime committed resulting in a fatal car crash, you may still seek to be compensated for the loss of your loved one.
Wrongful Death Claims and Their Process in Atlanta
Family members of fatal car crash victims can file wrongful death claims. In Georgia, the family has up to two years to file a lawsuit from the date the death occurred. However, it is possible to have this timeframe extended.
Wrongful death claims are typically filed against the insurance of the party which is found liable. The amount the family can be awarded depends upon the completion of the investigation performed by the insurance companies’ adjuster. The wrongful death suit is typically only necessary if the insurance company denies the claim or is not offering a fair amount to the family.
Filing a Wrongful Death Claim in Atlanta
A fatal car accident lawyer in Woodstock would be able to assist with filing your wrongful death claim. They will take care of gathering evidence, contacting insurance companies, negotiating on your behalf, appearing in court if it gets to that point, and ensuring you are awarded the maximum amount as indicated by the law. The deceased’s spouse or children are allowed to file a claim for wrongful death.
You will be able to focus on your family and grieving while feeling confident if your case is being handled in a professional legal manner. Leave this to a Woodstock fatal car accident attorney, and rest assured that your claim will be handled with the most care.
Common Caused of Fatal Car Accidents in Woodstock
The most common factor in car accidents, whether involving casualties or not, is careless driving. Reckless and careless driving usually ends in car accidents which could result in death. Some of the most common factors involved in fatal accidents are:
- Drunk driving or driving under the influence of other substances. Being under the influence has been proven to affect the ability to drive and operate other heavy machinery, as it disables sharp reactiveness and hinders focus.
- Driving recklessly and speeding. Speeding is a common offense that increases the severity of car crashes. This is one of the most common factors of fatalities in a car crash.
- Improper lane usage. This is another common factor leading to fatal car crashes. This is usually caused by distracted driving or even medical emergencies.
- Not yielding to traffic or pedestrians. Failure to yield can be devastating and cause life-threatening car accidents. It is essential to be sure you are yielding to avoid this common factor.
- Adverse weather conditions. Poor road conditions as a result of the weather are another common factor. Drivers should always drive according to the conditions of the road, as not doing so could result in life-threatening car crashes.
Any of the above will cause the driver who committed these offenses to be found negligent. Once found negligent, the negligent party is liable and can have claims filed against them for compensation.
How Are Family Members Compensated?
Family members who lose someone due to a fatal car crash may be entitled to compensation. This compensation could be due to loss of wages, medical bills, other related expenses, as well as funeral arrangements. The wrongful death act says families are allowed to claim damages as well as wrongful death damages such as:
- Mental suffering and grief. We can’t put a value on human life, but the law allows for compensation to be granted for the grief and sorrow resulting from a fatal car accident.
- Consortium loss – recovering loss for the loss of companionship of a loved one or an intimate relationship
- Loss of economic support – this acknowledges the financial loss brought on by the loss of a loved one. This is inclusive of future wages that would have otherwise been contributed to the household.
An experience fatal car accident attorney in Woodstock will be able to help ensure your family is getting what is due to them. Contact one today to discuss your options.
How to Prove Liability in Fatal Car Crashes
A Woodstock fatal car accident lawyer will do the footwork to determine the liable party. The main focus would be to determine who the responsible party is through evidence. This evidence would include eyewitness testimony, the other drives recollection of events, photos, police reports, and anything else deemed useful as it pertains to the accident.
Once liability is proven, your attorney can present the claim.
How Can a Fatal Car Accident Lawyer Be Helpful?
Fatal car crash claims are complex by nature. If you or someone you love lost someone you love as a result of a deadly car crash due to someone else negligence, you should learn more about filing a claim against that party. A Woodstock fatal car accident lawyer can help guide you and even wholly take you through the process.
We will take on your case and handle your claim on your behalf, keeping you informed every step of the way. Submit the contact form on this page to get in touch with a fatal car accident lawyer today.