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Georgia Local Accident Resources
Was Someone You Love Killed in a Georgia Fatal Car Accident Today?
What Does “Wrongful Death” Mean Exactly?
A wrongful death occurs when someone dies due to the negligence, recklessness, or intentional actions of another person or entity. Wrongful death claims often arise as a result of fatal car accidents.
Wrongful death lawsuits offer legal recourse to surviving families. They can help you get a sense of closure, but more importantly, they can provide financial relief in challenging situations because they allow you to seek compensation from the insurance company for the person who caused the accident that killed your loved one.
Who Can File a Wrongful Death Claim in Georgia?
The Georgia Wrongful Death Act specifies eligible individual plaintiffs (Ga. Code § 51-4-2). The following parties are allowed to bring a wrongful death claim:
- Surviving spouse,
- Surviving children,
- Surviving parents,
- Personal representative/Estate administrator
The hierarchy of eligible plaintiffs is based on those with the closest legal relationship to the deceased. Georgia law does not permit siblings, extended family members, or other individuals to file a wrongful death claim.
How Long Do You Have to File a Wrongful Death Lawsuit?
Georgia law grants families a three-year timeframe (Georgia Code § 9-3-33). Failure to take legal action during this will remove your ability to seek compensation at all. The time limit starts from the date of the incident. This timeframe refers to the statute of limitations.
Who Can You Sue in a Georgia Wrongful Death Case?
You can sue the individuals or entities legally responsible for the death. Potential defendants often include:
- At-fault Individuals: People whose negligent or intentional actions directly caused the fatal accident. For example, if a car accident resulted in death, the negligent driver may be a defendant.
- Employers: If the at-fault party acted within the scope of their employment when the incident occurred, their employer may be held liable.
- Product Manufacturers: In cases involving defective products or equipment that led to death, the manufacturer or distributor of the faulty product may be sued.
- Property Owners: If a wrongful death occurs on someone else’s property due to negligence, the property owner or manager may be liable. This often applies in cases of premises liability.
- Medical Professionals: Medical malpractice resulting in a wrongful death, healthcare providers, or medical facilities.
- Government Entities: In some cases, if a government agency or employee’s negligence led to death, you may need to file a claim against the government entity.
- Criminal Defendants: If someone’s criminal actions led to death, such as in cases of homicide, you might pursue a wrongful death claim alongside criminal charges.
Wrongful death cases require a careful evaluation of circumstances. An experienced attorney can determine who can be sued. Sometimes, multiple defendants are responsible, which can help you obtain a larger sum of compensation.
What Are the First Steps to Take When Filing a Lawsuit?
The loss of a loved one in a car accident is painful and can evoke powerful emotions like anger. A wrongful death lawsuit provides an avenue to pursue justice. The legal process can get complicated, but your actions immediately after the incident can set you on the best course.
- Obtain the Police Report: The report contains details about the car crash. This information includes vehicle descriptions, witness accounts, and accident scene diagrams. This paperwork can help build a wrongful death claim. Local Accident Reports can help you get a free police report.
- Consult with Legal Representation: Seek advice from a wrongful death attorney A lawyer experienced in car accidents ensures you receive solid guidance.
- Preserve Evidence Early: Collect relevant evidence. Examples include photographs of the accident scene, contact details of witnesses, and medical records.
These initial steps help lay the proper foundation for your claim. This will help make it easier for your attorney to ensure you can get the maximum compensation available for you and your family.
What Are the Main Challenges Facing Wrongful Death Claims?
Wrongful death claims pose several challenges. Below is an overview of the hurdles on the pathway to justice. Establishing Liability or Proving Fault Car accident cases between two drivers can be complex. Identifying the liable party involves the following:
- Investigating the circumstances
- Collecting evidence
- Analyzing witness testimonies
If liability is unclear or disputed, it can complicate the wrongful death claim. Quantifying the Damages Wrongful death claims in car accidents may involve calculating economic damages. This compensation includes:
- Medical expenses
- Funeral costs
- Lost income
- Property damage
Additionally, non-economic damages like pain and suffering or loss of companionship must be evaluated. This compensation is subjective and difficult to quantify, but an experienced wrongful death lawyer knows how to assign the proper value to these types of losses. Minimizing Settlements or Disputing Liability Insurance companies seek the lowest payouts possible. Many grieving family members accept lowball offers when dealing with insurance companies because they don’t know any better. A fair settlement of ten requires negotiating skills and knowledge of the shady tactics often employed by insurance adjusters. Filing Deadlines George has a three-year statute of limitations. That may seem like a lot of time, but it takes time to build a solid case. Wrongful death claims vary in complexity. Gathering all the evidence, interviewing witnesses, and preparing your initial paperwork can take months. Not to mention, evidence fades with time as the memories of witnesses fade and other evidence becomes unavailable or disappears. It is best to speak to an attorney as soon as possible after your loved one was harmed.
How Is Negligence Proven in Georgia Wrongful Death Cases?
Negligence in this context essentially means someone else’s carelessness caused the death. State law identifies four elements that must be well established with evidence.
- Duty of Care: This concept means the responsible person or entity had to act reasonably to keep others safe.
- Breach of Duty: The defendant didn’t act reasonably and caused harm.
- Causation: You must demonstrate that their actions (or inactions) directly caused the death.
- Damages: This element means there were actual losses, like medical bills or the family’s emotional suffering.
So, in simple terms, you have to prove that someone had a duty to be careful and neglected to do so, which caused the death of your loved one, and there were financial and other losses because of it. Building a solid vase is often like putting together puzzle pieces.
What is the Compensation for the Claim?
The wrongful death compensation in Georgia varies based on factors specific to each case. These claims include both economic and non-economic damages. These may encompass: Economic Damages This category encompasses quantifiable financial losses resulting from wrongful death.
- Medical expenses
- Funeral and burial costs
- The deceased person’s future lost wages and benefits
Non-Economic Damages Non-economic compensation is for intangible harm that’s harder to quantify.
- Emotional pain and suffering
- Loss of companionship
- Anxiety, grief, and depression
Georgia law places a cap on non-economic damages in medical malpractice cases. However, there is no cap for non-medical wrongful death claims. Punitive Damages Courts award punitive damages only in certain cases involving gross negligence, reckless conduct, or intentional harm. This compensation punishes the responsible party and aims to deter similar behavior in the future. Imagine someone driving while under the influence of alcohol or drugs, causing a fatal car accident. This person has prior DUI convictions, and law enforcement warned them to avoid further violations. In this case, if the driver’s reckless actions and blatant violation of the law directly led to the death of another driver or individual, the court might consider punitive damages. The exact amount of compensation in a wrongful death claim varies. A skilled attorney can evaluate your case to give you a better idea of what you may be able to obtain.
How Is a Settlement Shared Among Family Members?
The Georgia Wrongful Death Act determines settlement distribution (O.C.G.A. § 51-4-2(d)(1)). The deceased’s surviving spouse receives at least 1/3 of the award. If there is no surviving spouse, the settlement is distributed equally among the surviving children of the deceased.
In cases where there is neither a surviving spouse nor surviving children, the compensation goes to the deceased person’s surviving parents. If none of these immediate family members are alive, the next of kin gets the settlement.
How Can a Lawyer Help Your Case?
The loss of a loved one is a profound tragedy. A wrongful death attorney can be your compassionate advocate during this challenging time. Here’s how they can assist you:
- Build Your Case: Your attorney will compile critical evidence, from accident reports to witness statements.
- Establish Negligence: They will work to prove negligence, demonstrating how someone’s actions led to the tragic loss of your loved one.
- Calculate Damages: Your attorney will calculate the financial impact of your loss, considering various factors such as medical expenses and emotional anguish.
- Negotiate and Represent: Sometimes, dealing with insurance companies becomes necessary. Wrongful death attorneys can skillfully negotiate to get you the best possible settlement. If the case proceeds to trial, your attorney will present a compelling case in court.
- Explain Complex Legalities: An attorney will ensure you understand your rights, Georgia laws affecting your claim, and procedural requirements. They also provide useful legal advice and address all your questions.
A wrongful death attorney is an integral part of your support system as you begin to work through this tragedy. They are with you throughout the legal proceedings, offering insights and empathy.
Get a Free Consultation With a Wrongful Death Lawyer
Georgia Local Accident Resources
Financial Aid If You’re Unable to Work Due to a Recent Car Accident
If this is the case, several resources in addition to filing a lawsuit can help you receive the monetary support you are entitled to. You can locate your local Social Security office when you click here.
- Social Security Disability Benefits – These benefits help people who can’t work due to medical conditions expected to last one year or result in death.
- Supplemental Security Income – Compensation for low-income adults and children and limited resources.
- Personal Injury Law Firms – The State Bar of Georgia’s database helps you find a licensed wrongful death lawyer who handles catastrophic car accident cases.
Financial Hardship Assistance
With the weight of legal fees, medical fees, or both bearing down on you and your family, it may be in your best interest to seek out additional help.
- Georgia Crime Victim’s Compensation Program – You can apply for benefits to cover violent crime-related expenses.
- Spinal Cord Support – The Georgia Brain and Spinal Injury Trust Fund Commission helps cover the costs associated with spinal cord injuries to head trauma.
Professional Support for Emotional Recovery
Car accidents are traumatic experiences. If a loved one was a victim of a motor vehicle fatality, you might need help to cope with the mental trauma. Here are some resources that can help.
- Trauma Intervention Programs, Inc. – A national nonprofit organization that’s been around since 1985. It has 14 affiliates serving 250 cities nationwide with specially trained volunteers ready to respond and support victims in the first few hours after a traumatic accident.
- Counselors – The Licensed Professional Counselor Association of Georgia (LPCA) helps you locate a mental health counselor to talk to. You can search its database by name, city, zip code, or insurance coverage.
- Psychologists – Search the Georgia Psychological Association (GPA) referral service to find a mental health professional that accepts your insurance and matches your therapeutic needs (e.g., Aetna and Grief/Loss).
- Transportation Disaster Assistance – TDA provides resources for family members and friends of accident victims and survivors. These services are available days, months, and years following an accident.
How to Request a Copy of the Car Incident Police Report
A police report describes the specifics of an accident. This official statement is filed with the local police department where the accident happened. For example, if the fatal crash occurred in Augusta, the city’s police department has the incident report. This document also serves as evidence in wrongful death lawsuits. If someone you love died in a Georgia car accident, you need a copy of the report. Here is how to get a copy:
- Pick up a copy from the police department
- Order a copy online
- Have a wrongful death lawyer obtain a copy
If you want help, contact Local Accident Reports. Our local car accident lawyer will provide a free copy of your police report.
Georgia Car Insurance Coverage Requirements
Georgia motorists must have liability insurance. This car accident coverage pays for injuries or damages you might caused. Georgia auto insurance policy requires the following minimum coverage: Bodily injury liability
- $25,000 per person
- $50,000 per accident
- $50,000 for multiple people in an accident.
Property damage liability
- $25,000 for one incident
You can add more coverage to your plan. Some policyholders get comprehensive, collision, or uninsured motorist insurance for extra protection. The Georgia Office of the Commissioner of Insurance and Safety Fire has resources to help you get insured. Contact them today for more information. Car insurance is an integral part of any wrongful death lawsuit that arises from a motor vehicle accident.
Georgia’s DUI Laws and BAC Limits
Drunk driving incidents devastate many families. Georgia ranks 40th among states that have the worst DUI problems. State law sets the blood alcohol concentration (BAC) at .08%. The legal BAC limit varies based on age and vehicle type. Here’s a breakdown:
- 08% or higher drivers 21 years old or older operating regular passenger vehicles.
- 04% or higher for drivers operating commercial vehicles.
- 02% or higher if the driver is younger than 21 years old.
There is no BAC for driving under the influence of drugs (DUID). If an officer suspects drug involvement, a blood test is typically given. Additionally, a drug recognition expert is brought in to observe the individual. Mothers Against Drunk Driving (MADD) is a national nonprofit organization seeking to end drunk driving. The Georgia chapter offers many free services for victims. You can receive help ranging from emotional support to crime victim compensation. Contact the 24-hour victim helpline at 877.MADD.HELP.
Arkansas Grief & Trauma Resources
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How We Can Help You With a Fatal Car Accident in Georgia Today
Losing a loved one in a motor vehicle accident is a life-changing experience. You deserve understanding, empathy, and practical support. At Local Accident Reports, we’re here to provide you with the guidance and resources you need. Here are some ways we can help you:
- Assistance with Police Reports: We understand the importance of obtaining a police report for your case. We offer free help in acquiring this crucial document containing vital accident information.
- Consultations with Experienced Attorneys: Our network includes award-winning lawyers specializing in wrongful death cases. You can benefit from a free consultation, which will help you understand your rights and options.
- Access to Real-Time Accident Data: Stay informed with 24/7 accident data from across the state.
- Community Resources: We offer a range of resources, including legal guidance, financial advice, and counseling support. We are here to provide you with the well-rounded assistance you need.
Let us know if you’ve been impacted by a fatal car accident in Georgia. We can help you get a free police report or legal representation, and we can help provide the peace of mind you need during this challenging time.
Motor Vehicle Crash Deaths by Road User Type and State
Car Occupants
571
Pickup and SUV Occupants
475
Large Truck Occupants
44
Motorcyclists
139
Pedestrians
253
