The sudden loss of a loved one in a fatal car accident is a life-altering tragedy. When another party’s negligence causes a fatal accident, filing a wrongful death claim may provide a path to financial stability and justice. While no legal action can undo the loss of your loved one, pursuing a wrongful death claim can help families secure financial stability and find a measure of justice during an incredibly distressing time.
Understanding Wrongful Death Claims After Fatal Car Accidents
A wrongful death claim is a civil action that arises when a person dies because of another party’s negligent, reckless, or intentional actions. Examples of negligent or reckless behaviors related to car accidents include speeding, distracted driving, drunk driving, or traffic law violations.
Wrongful death claims aim to compensate surviving family members for the losses they suffered as a result of their loved one’s death. A wrongful death claim also works to hold all responsible parties accountable for their actions.
Who Has the Legal Right to File a Wrongful Death Claim?
The right to file a wrongful death claim follows a strict order of priority in Georgia.
The order goes:
- Surviving Spouse: The spouse of the deceased holds the primary right to initiate a wrongful death claim. If children of the deceased also survive, the spouse is responsible for representing both their own interests and those of the children in the claim.
- Surviving Children: When no spouse survives the decedent, the children have the legal authority to file the claim.
- Surviving Parents: In cases where the deceased had neither a surviving spouse nor children, the parents may step forward to file a wrongful death claim.
- Personal Representative of the Estate: If none of the above family members are available or able to file, the personal representative of the deceased’s estate may bring the claim on behalf of the estate.
Immediate Steps to Take After a Fatal Car Accident
For surviving families after a fatal car accident, there are a few additional steps to take that help manage financial matters and preserve evidence, including:
- Request Medical Records: Receive your own copies of the deceased’s medical treatment records related to the accident, as this information is critical for calculating and pursuing damages later on.
- Obtain Police Report: A formal accident report from law enforcement documents how the crash occurred, identifies involved parties, and may note contributing factors like speeding or impairment. Request a copy for your own records.
- Safeguard Finances: Secure bank accounts, credit cards, online log-ins, and other financial assets belonging to the deceased. This can help prevent identity theft, unauthorized transactions, and financial complications.
- Locate Important Documents: Gather the deceased’s personal and financial documents, such as driver’s license, vehicle registration, insurance policies, Social Security information, and any wills or estate planning documents.
- Avoid Signing Documents Prematurely: Do not sign any documents, accept insurance settlements, or provide recorded statements to insurance providers before calling an attorney.
- Contact an Experienced Wrongful Death Attorney: Talk to a Georgia wrongful death attorney right away to protect your claim, meet critical deadlines, and preserve potential evidence.
The Wrongful Death Claim Filing Process: What to Expect
After a fatal accident, your attorney will start by investigating the crash thoroughly. They will review police reports, medical records, witness statements, and any available video footage to clarify the cause of the collision and help identify all liable parties, including any third parties who may share responsibility. At the same time, your lawyer will assess your family’s losses by reviewing employment history, financial records, and the personal, emotional, and practical impact of the death on surviving family members.
Once your lawyer establishes fault, they will file the wrongful death claim and negotiate for the full extent of your losses. They will also handle all communication with insurance companies to protect you against lowball offers and other nefarious tactics employed by insurance carriers. Many wrongful death cases resolve with a settlement, but if the insurance provider refuses to offer fair compensation, your attorney can take the case to court and pursue compensation via a favorable verdict.
Evidence Required to Prove Your Wrongful Death Case
Comprehensive documentation is necessary to help prove your wrongful death case. This evidence often includes law enforcement records, eyewitness statements, photos of the scene, vehicle data, and input from medical professionals. Your lawyer will also document the financial impact of the loss by collecting financial records, funeral expenses, medical bills, and testimony about the emotional impact of the death.
Types of Compensation Available in Wrongful Death Cases
Families can seek two primary categories of damages in Georgia wrongful death cases. They can seek compensation for the full value of the life of the deceased, which includes economic losses like lost income and non-economic losses, such as loss of enjoyment of life.
The deceased’s estate may pursue a separate estate claim for losses suffered before the death. This may include medical costs, funeral and burial expenses, and the pain and suffering the deceased experienced prior to passing.
In cases involving particularly reckless behavior, such as impaired driving, punitive damages may also be available to punish the at-fault party. These damages do not compensate the family for specific losses, but serve to punish the at-fault party and deter similar conduct in the future.
Contact The Scott Pryor Law Group Today
If you have lost a loved one in a fatal car accident, you do not have to face this loss and grief alone. The Scott Pryor Law Group helps Georgia families seek justice, accountability, and financial security after a tragic and upsetting loss. We approach every case with diligence, professionalism, compassion, and determination. We want to make experienced legal help as accessible as possible, which is why we work on a contingency fee, so you only pay if we recover for you.
Call our office today for your free, no-obligation case consultation and learn how we can protect you and your family during this difficult time.