Atlanta Fatal Accident Lawyer

The loss of a loved one due to a fatal injury accident is a profoundly difficult experience. In Georgia, the legal system provides avenues for surviving family members to seek justice and compensation when such a tragedy occurs due to the fault of another party. That legal system can be daunting to navigate on your own, which is why the attorneys at Merritt & Merritt Law Firm are here to help you through it. Call an Atlanta fatal accident lawyer today for a free case evaluation at 404-975-1775 and see what we can do for you today.

Understanding Wrongful Death Claims in Georgia

When someone passes away due to an accident caused by another’s negligence, it is considered a wrongful death claim. It is important to understand that this is a separate legal process from any potential criminal charges that might arise from the same incident. While a criminal case focuses on punishing the wrongdoer, a wrongful death claim aims to provide financial compensation to the survivors of the deceased.

At the heart of many wrongful death cases is the concept of negligence. In legal terms, negligence refers to the failure to exercise the level of care that a reasonably prudent person would under similar circumstances, when there was a duty to do so. For a wrongful death claim to be successful based on negligence, it must be established that someone failed to act with reasonable care, that this failure directly caused the death, and that the death resulted in damages to the surviving family members or the deceased’s estate.

A major difference in wrongful death claims is that it is the surviving family members or a representative acting on behalf of the deceased person’s estate who bring this type of claim, not the person who had the accident happen to them and then passed away. The fundamental goal of a wrongful death claim in Georgia is to compensate those closest to the victim for the full value of the life that was lost due to the accident or the reckless actions of another.

Georgia’s Wrongful Death Statutes: Who Can File and When

In the state of Georgia, the surviving spouse has the primary right to file a wrongful death claim if there is one. If the deceased person had minor children, the surviving spouse must also represent their interests in the lawsuit. It is important to note that Georgia law guarantees that the surviving spouse will receive no less than one-third of any financial recovery, regardless of the number of children.

If there is no surviving spouse, the deceased’s surviving child or children, whether adults or minors, are next in line and can file a wrongful death claim. If there are no children of the deceased, the parent or parents of the deceased are next to have the right to file a claim. Finally, if there are no surviving spouse, children, or parents, the administrator or executor of the deceased person’s estate can bring a wrongful death claim. Other relatives, such as siblings or grandparents, typically cannot file a wrongful death claim unless they have been appointed as the administrator of the deceased’s estate.

Like all legal actions, wrongful death claims in Georgia are subject to a time limit known as the statute of limitations. Generally, a wrongful death lawsuit must be filed within two years from the date of the deceased person’s death, not the date of the accident that caused the death.

Missing this two-year deadline typically means losing the right to pursue a claim altogether. It is also crucial to be aware that claims against government entities, such as the state, counties, or cities, often have much shorter notice requirements and filing deadlines, sometimes as brief as six months or one year. Given the potential complexities and exceptions, it is essential to consult with an experienced Atlanta fatal accident lawyer at Merritt & Merritt Law Firm as soon as possible to determine the specific statute of limitations that applies to your situation.

Establishing Liability: The Role of Negligence in Fatal Injury Accidents

In the context of wrongful death claims, negligence is a central legal concept for establishing liability. As previously mentioned, negligence is the failure to exercise ordinary diligence or reasonable care, and in these cases, this failure must have directly caused the death. To prove negligence in Georgia, four key elements must typically be established. Those elements are that the person who caused the accident had a duty of care, that they breached the duty of care and that breach caused the accident, that the breached duty of care caused the person to die, and then you must also prove that the death caused the deceased and their family to suffer an actual loss or losses.

It’s also important to understand Georgia’s rule of modified comparative negligence. This rule states that a plaintiff can recover damages only if they are found to be less than 50% at fault for the accident. If the deceased person is found to be 50% or more at fault, their survivors will be barred from recovering damages. Furthermore, if the deceased is found to be less than 50% at fault, the amount of damages they can recover will be reduced in proportion to their percentage of fault. This rule highlights the importance of thoroughly investigating the circumstances of the accident to determine the degree of fault of all parties involved.

Common Causes of Fatal Injury Accidents in Georgia

Fatal injury accidents in Georgia can arise from a variety of causes, with motor vehicle accidents being a significant category. Several factors frequently contribute to these tragic events. Distracted driving is a leading cause of fatal injury accidents, as there are many ways to distract drivers today. Examples of common distractions can include texting or talking on a cell phone, eating or drinking, adjusting the radio or navigation system, or even engaging in conversations with passengers. Other common circumstances that lead to fatal injuries include speeding, driving under the influence, failure to yield, reckless driving, fatigue, and failing to obey traffic signals. Understanding the cause of the accident is essential for your fatal injury case as it will prove why the other driver was negligent. When you are suffering from the loss of a loved one, you should not have to deal with the stress of navigating the legal field. Call the compassionate attorneys at Merritt & Merritt Law Firm at 404-975-1775 today to get a free consultation of your case.

Evidence in Fatal Injury Accident Claims

Establishing fault in a fatal injury accident case requires gathering and presenting compelling evidence. Several types of evidence are commonly used to demonstrate negligence. Evidence such as police reports, witness statements, accident reconstructions, medical records, photographs of the accident and injuries, medical records, and even traffic camera footage are among the essential evidence that can be used to bolster your case for fatal injuries. Gathering such evidence can be a tremendous task, and our attorneys are prepared to do the work and get all the necessary evidence you will need to get the compensation you deserve.

Recoverable Damages in a Wrongful Death Lawsuit

In a successful wrongful death lawsuit in Georgia, the surviving family members may be entitled to recover various types of damages which are generally categorized as economic and non-economic. Economic damages are ones that are usually monetary damages that can be physically shown in court. These damages can include medical bills, childcare bills, costs to repair vehicles or personal property, funeral costs, and loss of wages from missed work by your loved one or yourself.

Non-economic damages, on the other hand, aim to address the intangible losses resulting from the death. These can include any pain and suffering the deceased or you have suffered, any emotional distress you have from the loss of your loved one, or any kind of loss that cannot be shown physically in court.

Navigating the Process: Filing a Wrongful Death Claim in Georgia

Filing a wrongful death personal injury case involves many steps that are crucial to follow. When you suffer the loss of a loved one due to the negligence of another, it is essential to consult legal representation for guidance on how to proceed. Experienced attorneys like the ones at Merritt & Merritt Law Firm understand the pain and trauma you are facing, and are well versed in the legal process needed to get you your compensation.

Our attorneys are prepared to handle anything from negotiating with insurance agencies to fighting in court on your behalf. We will work closely with you to make sure that you get exactly the amount of compensation you need. This time should be a time to recover from the loss of a loved one, and not spent dealing with stressful legalities.

Why Choose an Atlanta Fatal Accident Lawyer at Merritt & Merritt Law Firm?

Navigating the legal process following a fatal injury accident can be incredibly challenging, especially while grieving the loss of a loved one. That is why the attorneys at Merritt & Merritt Law Firm will do all the work by conducting a thorough investigation into the circumstances of the accident to determine liability, and will act as a strong advocate for your rights, ensuring that your best interests are represented throughout the entire legal process.

Dealing with insurance companies can be a significant source of stress for grieving families. Our experienced attorneys are adept at handling all communications and negotiations with insurance companies, working diligently to maximize the compensation you may be entitled to receive. By taking on the legal burden, an Atlanta fatal accident lawyer allows families to focus on the important process of grieving and healing.

Speak with an Atlanta Fatal Accident Lawyer Today in a No-Risk & Free Consultation

By trusting the attorneys at Merritt & Merritt Law Firm, you can be sure that your case will be handled by expert lawyers who are going to go the extra mile so that you do not have to handle the burden of navigating the law. Call us today at 404-975-1775 to see if our law firm is right for you and to get a free case evaluation,