What to Do if a Loved One is Killed in a Fatal Car Accident
It is devastating to lose someone that you love in a fatal car accident. You might have lost the bread winner of your household. A child. Or, someone that has enriched your life. You might feel that you will never be able to recover from your loss.
If you’ve lost someone that you love in a fatal car accident, we urge you to contact an Atlanta car accident lawyer. For nearly three decades, the attorneys at Allen & Scofield Injury Lawyers, LLC have represented families that have lost their children, spouses, and loved ones. We understand that when you’re grief-stricken, it’s difficult to make any decisions because your mind is occupied with sorrow. Our goal is to ease your suffering by listening to your story and helping you find your voice, so that your family can recover the compensation that it deserves.
Two Types of Wrongful Death Claims That Can be Filed After a Fatal Car Accident
The first type of wrongful death claim is designed to provide compensation for the “full value of the decedent’s life.” According to Georgia Code § 51-4-1, “full value of the life of the decedent,” means full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had she/he lived. This claim is filed by the surviving spouse, child, or parent of the deceased person. The claimant can recover monetary compensation for economic and non-economic damages, including:
- Lost wages and benefits
- Lost future earning capacity
- Loss of companionship
- Loss of nurturing and guidance
The second type of wrongful death claim is designed to remedy the economic and non-economic losses that the decedent suffered prior to death. This claim is filed by the deceased’s person’s estate. The claimant can recover monetary compensation, including:
- Medical expenses
- Funeral and burial expenses
- Conscious pain and suffering that the decedent experienced prior to death.
Don’t Delay to File a Claim For Wrongful Death Damages
We strongly encourage those who’ve lost a loved one in a fatal car accident to act quickly and contact a wrongful death lawyer as soon as possible. Georgia’s statute of limitations law requires that wrongful death claims be filed no later than two years after your loved one’s death. If you don’t file the lawsuit by that deadline, the court might dismiss your claim.
You might think that two years is a long time to evaluate whether you should pursue a wrongful death lawsuit, but it isn’t. Here are a few additional reasons why you should act quickly to hire an attorney:
- Wrongful death claims often require a lengthy investigation to prove liability and damages.
- Critical evidence might be lost if you delay hiring an attorney.
- The value of your case might also diminish if you wait too long to pursue damages. For instance, if the spouse of the deceased remarries, the insurance company will argue that the estate’s claim for lost companionship is less valuable.
Do not delay to speak with an experienced Georgia fatal car accident lawyer about your options after the untimely death of a loved one.
Allen & Scofield Injury Lawyers, LLC Can Help You Recover Wrongful Death Damages
If you or someone you love has been killed in a fatal car accident, you are likely wondering how you can ever achieve justice for your losses. At Allen & Scofield Injury Lawyers, LLC, if the careless driver’s insurance company won’t acknowledge the proper value of your deceased’s life and pay you what you deserve, we will be glad to take them to court to hold them accountable.