A fatal car accident can turn a family’s world upside down in a matter of seconds. Beyond the shock and grief of losing a loved one, you are also left facing unexpected financial burdens. An experienced Atlanta fatal car accident lawyer can help you regain stability.
With decades of combined legal experience, our attorneys are committed to protecting your legal interests throughout the claims process. At Van Sant Law, we are on your side. Our car accident lawyers in Atlanta will investigate the crash and help you file a wrongful death claim. Call today for a free consultation.
Compassionate Atlanta Fatal Car Accident Lawyers
We approach every fatal accident case with compassion and respect. We understand that no amount of compensation can replace a loved one, but a wrongful death claim can provide financial security.
Our Atlanta personal injury lawyers handle every aspect of the legal process, including negotiating with insurance companies. If a fair resolution cannot be reached, we are prepared to pursue your family’s case in court.
When a Deadly Car Crash Leads to a Wrongful Death Claim
In many cases, a deadly crash happens because someone made a careless, reckless, or dangerous decision behind the wheel. When a person’s actions cause the death of another, surviving family members could pursue a wrongful death claim under Georgia law.
Fatal car accidents commonly result from negligent conduct such as distracted driving, drunk driving, or other traffic violations. If a driver failed to act responsibly and that conduct led to a loved one’s death, the law may hold that driver financially accountable. Our fatal car accident lawyers in Atlanta can help you file a strong claim.
A wrongful death claim allows eligible family members to seek compensation for the losses resulting from the death and pursue justice on behalf of their loved one. These cases can also help hold negligent drivers accountable and send a clear message that dangerous behavior on Georgia roads has consequences.
Wrongful Death Damages in Georgia
When a wrongful death claim is successful, surviving family members and the deceased person’s estate may recover compensation for the losses caused by a fatal car accident. No two wrongful death cases are exactly alike.
The amount of compensation available depends on the unique details of your case. After reviewing your claim, our Atlanta fatal car accident attorneys can estimate the amount you could recover.
The Full Value of the Deceased Person’s Life
Georgia takes a unique approach to wrongful death damages. Instead of focusing primarily on the losses suffered by surviving family members, the law considers the value of the life the deceased person was unable to live because of the fatal accident.
When determining the full value of a person’s life, several factors may be considered, including:
- Future income and earning potential
- The value of household services and support they would have provided
- The enjoyment of life, relationships, and experiences they lost because of their untimely death
Compensation for the full value of the deceased person’s life is generally awarded directly to eligible surviving family members, such as a spouse and children.
Expenses Related to the Fatal Accident
Wrongful death claims can also cover the financial costs that come up after a fatal injury. These are the out-of-pocket expenses that families are often left dealing with in the days and weeks after a tragic loss.
Recoverable expenses may include:
- Medical bills incurred before death
- Funeral and burial costs
- Other necessary expenses related to the fatal accident
These damages are typically recovered through the deceased’s estate rather than paid directly to family members.
Who Can File a Wrongful Death Lawsuit in Georgia?
First, the surviving spouse has the primary right to file. If there is no spouse, the right moves to the deceased person’s children. If there are no surviving children, then the parents may bring the claim. If none of these family members are alive, the claim can be filed by the personal representative of the estate.
Usually, only those close family members have the right to file a claim. That said, there are situations where a court may step in and allow someone else to bring the case forward, especially if it’s needed to protect the interests of minor children and a surviving spouse isn’t able or willing to take action.
In some cases, the claim is handled through the person’s estate instead of being filed directly by a family member. When that happens, the estate’s representative brings the lawsuit, and any compensation recovered gets passed along to the appropriate family members according to Georgia’s inheritance rules.
The Statute of Limitations for Wrongful Death Lawsuits in Georgia
Georgia law places a strict time limit on filing a wrongful death lawsuit. In most cases, families have two years to bring a claim in court, according to Ga. Code § 9-3-33. If this deadline is missed, the court may dismiss the case, and you may lose the chance to pursue full compensation.
Even though two years might sound like plenty of time, wrongful death cases usually need a lot of preparation. If you call our fatal car accident attorneys in Atlanta soon after the crash, we can start gathering important evidence right away while it’s still fresh and easier to track down.
Call Our Atlanta Fatal Car Accident Attorneys Today
At Van Sant Law, we understand how difficult this time can be. Our Atlanta fatal car accident lawyers are committed to helping families navigate the legal process with compassion. Together, we will fight for the compensation your family deserves.
Call today to learn more about how our legal team can help you during this difficult period. You are not alone; we can fight alongside you to protect the memory of your loved one.
