Fatal Car Accidents
Dealing with a car accident is never easy. But when you lose a loved one in a crash, the aftermath can be excruciating. While nothing can ever replace your loved one, pursuing compensation can help ease the financial burden that often accompanies such a loss. At Miller Legal Services, Marietta car accident attorney Norman Miller believes the responsible party should be held accountable for their fault, negligence, or recklessness.What Causes Deadly Car Crashes?
According to the National Highway Traffic Safety Administration (NHTSA), there were 1,192 traffic fatalities in Georgia in 2012. Out of this total, 829 of those killed were passengers. The NHTSA also reports that 301 traffic fatalities in 2012 were alcohol-impaired traffic fatalities. While the annual number of traffic fatalities has decreased each year from 2008, traffic fatalities remain widespread in Georgia and throughout the country.
Fatal accidents can occur in a variety of ways. Some of the most common causes of fatal accidents are:
- Head-on collisions
- Driving under the influence of drugs or alcohol
- Distracted driving
- Dangerous weather
- Poor road conditions
- Road construction
- Liability for a Fatal Car Crash
If your family member was killed in a fatal car crash, you may be able to file a wrongful death claim against the party responsible. These claims are typically based on the legal theory of negligence, which requires a plaintiff to prove the following four elements in this context:
- The driver had a duty to exercise reasonable care while driving;
- The driver breached his or her duty;
- The violation caused the accident; and
- The victim was killed as a result of the accident.
A wrongful death claim must be filed in a timely manner. In Georgia, you must file this kind of lawsuit within two years of your relative’s death. If two years pass before you take legal action, you will generally be barred from pursuing compensation for your loss.Who Can File a Wrongful Death Suit?
Most states limit those who may file a wrongful death lawsuit to certain surviving family members. In Georgia, the following survivors may pursue wrongful death compensation:
- Immediate family, including spouses, children, and parents of unmarried children
- Extended family, including grandparents and siblings
Surviving family members may be able to recover many types of compensation in a wrongful death suit. This is because the survivors may have experienced loss of care or financial support due to the death of their relative. Typically, survivors can seek payment for medical expenses, property damage, funeral expenses, loss of wages, benefits, pension, and pain and suffering, as well as any other costs that may have arisen from the accident. In some cases, non-family members may be able to sue if they can show they were financially dependent on the deceased person.Seasoned Fatal Car Crash Legal Advocacy
Hiring an experienced attorney can make all the difference. A skilled lawyer can help you investigate your case and pursue a settlement in a timely manner. While we hope to resolve the matter as quickly as possible, the reality is that sometimes these cases go to trial. We are not afraid to zealously advocate for your rights in the courtroom.
If your family member died in a crash, at Miller Legal Services we can help. We understand the enormous emotional toll such a loss can have on the surviving family members. Norman Miller is an experienced auto accident lawyer who has helped countless victims throughout Marietta, Roswell, and other nearby areas seek fair compensation after an automobile accident. We are committed to providing timely and effective guidance to all of our clients throughout the state of Georgia. Please give us a call at 770-284-3727 or contact us online for a free case evaluation today.