A wrongful death attorney can help grieving families demand justice, accountability, and financial compensation
The sudden loss of a loved one in a car accident is devastating for families, affecting both their emotional well-being and financial stability. When a family member dies due to another party’s negligence, such as in a Duluth car accident, Georgia law allows surviving family members to seek financial compensation. Though it can’t ever replace the devastating loss of a loved one, this compensation offers necessary support and can provide a sense of closure as families navigate their grief.
In Duluth, fatal traffic accidents involving cars, trucks, motorcycles, pedestrians, and cyclists can occur at some of the area’s major intersections and highways, such as I-85 and Peachtree Industrial Blvd. The intersection of I-85 and State Route 316 is particularly complex, with multiple lanes and merging traffic, which can lead to driver confusion and collisions.
Common causes of fatal car accidents include:
- Speeding: Exceeding speed limits reduces reaction time and increases collision severity.
- Distracted Driving: Activities like texting divert attention from the road, leading to accidents.
- Driving Under the Influence: Alcohol or drugs impair judgment and motor skills, causing fatal crashes.
- Reckless Driving: Aggressive behaviors such as tailgating and unsafe lane changes elevate accident risks.
- Failure to Obey Traffic Signals: Ignoring stop signs or red lights often results in deadly collisions.
Unfortunately, obtaining fair compensation after a fatal accident is rarely simple. The legal process in Georgia can be complex, and insurance companies often try to minimize payouts—especially in claims involving the death of a loved one due to negligence.
This is why having a knowledgeable Duluth wrongful death lawyer on your side can make an immense difference in recovering the full compensation a family deserves.
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Recovering Compensation After a Fatal Car Accident in Duluth
Compensation following a wrongful death serves two main purposes: helping families cover financial losses and offering some relief during a painful time. For those left behind, the unexpected costs associated with a fatal accident can be overwhelming. Medical bills, funeral expenses, and the loss of income from a primary breadwinner can leave families facing difficult financial decisions at an already emotional and difficult time.
Additionally, compensation offers families a sense of justice. When a loved one’s life is taken in an accident involving negligence that could have been prevented, financial recovery can allow surviving family members to secure their future without the added stress of unpaid bills or lost income.
Types of Damages Recoverable in Georgia Wrongful Death Claims
In Georgia, compensation for wrongful death cases is divided into two categories: economic and non-economic damages. Both types of damages are calculated based on the unique circumstances of each case, ensuring that the compensation awarded reflects the full impact of the loss.
In crashes where multiple people are killed, settlements can surpass $150 million – as was the case in a 2021 Gwinnett County accident that killed seven when a van burst into flames on I-85.
Economic Damages. Economic damages cover the quantifiable financial losses that result from a fatal accident. In a wrongful death claim, these may include:
- Medical Expenses: Any costs related to the deceased’s medical care before their passing, including emergency treatment, surgeries, or hospital stays.
- Lost Income: Compensation for lost wages, including the income the deceased would have earned had they survived. This also accounts for the deceased’s future earning potential and the financial contributions they would have made to their family.
- Funeral and Burial Expenses: Funeral and burial costs are often high and may be unexpected. Economic damages help families manage these expenses without further financial strain.
Non-Economic Damages. Non-economic damages address the less tangible but deeply impactful losses associated with the death of a loved one, including:
- Emotional Suffering: Family members may seek compensation for the emotional distress and mental anguish caused by their loss.
- Loss of Companionship and Support: This considers the value of the deceased’s presence, companionship, and guidance, which is often invaluable to those left behind.
In Georgia, both types of damages are typically available to families seeking comprehensive compensation after a fatal accident, recognizing not just the financial loss but the irreplaceable role of a loved one.
Unique Factors in Fatal Truck Accidents
While car accidents alone are tragic, fatal truck accidents often introduce unique challenges that make the claims process more complex. The size and weight of commercial trucks make them especially dangerous on the road, and fatal collisions involving these vehicles can be devastating for the families affected.
Truck accidents often have specific causes that differ from typical car accidents, including:
- Tire Blowouts: The heavy weight and extensive mileage of commercial trucks increase the risk of tire blowouts, which can cause drivers to lose control and result in severe, often fatal, collisions.
- Brake Malfunctions: When brakes on a fully loaded truck fail, the results are catastrophic, with longer stopping distances and increased collision impact.
- Fatigue and Distraction: Truck drivers often work long hours, and the fatigue that comes with these extended shifts can lead to dangerous lapses in attention on the road.
- Underride Accidents: When a smaller vehicle collides with the rear or side of a large truck, it can slide underneath due to height differences, often leading to fatal injuries for passengers in the smaller vehicle.
- Wide Turns: Trucks require more space to turn, especially when making right turns, which can result in collisions with other vehicles or pedestrians caught in the truck’s path.
Each of these factors requires thorough investigation. Fatal truck accident claims often involve multiple parties — trucking companies, truck drivers, manufacturers, cargo loaders, and insurers — each potentially liable for the accident. This legal complexity makes having experienced representation even more essential to hold all responsible parties accountable.
How the Right Wrongful Death Lawyer Is Key to Recovering Full Compensation
The process of securing compensation in a wrongful death claim is both legally and emotionally challenging. Handling insurance negotiations, gathering evidence, and calculating fair compensation requires time, resources, and experience — elements most grieving families don’t have. Experienced legal representation helps navigate these challenges, ensuring that no avenue for compensation goes overlooked.
An experienced wrongful death attorney can take on the most challenging aspects of a wrongful death claim, such as:
- Gathering Evidence: A lawyer can gather all necessary evidence to support a claim, from medical records to financial statements and witness testimonies.
- Negotiating With Insurance Companies: Insurance adjusters often try to settle claims quickly and for as little as possible. A lawyer can counter low settlement offers, pushing back to secure fair compensation for the family.
- Identifying All Liable Parties: In fatal traffic accidents, more than one party may be held responsible. Legal representation ensures that all possible sources of compensation are identified and pursued.
A lawyer experienced in wrongful death claims understands the full range of damages available under Georgia law. This means families don’t risk settling for less than they deserve.
Steps Families Can Take to Start the Claim Process in Duluth
Getting started on a wrongful death claim may feel overwhelming after an accident. However, taking the right steps early can make a significant difference in securing full compensation for the deceased’s dependents. After a fatal accident:
- Gather Documents and Records: Keep relevant documents, including medical bills, income records, and accident reports. If the Gwinnett Police or Georgia State Patrol responded to the crash, contact them for any relevant documents, such as the accident report.
- Limit Communication With Insurers: Until legal representation is secured, avoiding extensive discussions with insurance adjusters is wise.
- Focus on Family Well-Being: The claim process can be draining, so families should prioritize their emotional and physical well-being while an attorney handles the legal work.
Taking these initial steps, with the support of a skilled lawyer, gives families the best opportunity to recover the full compensation they’re entitled to under Georgia law.
Contact a Duluth Wrongful Death Lawyer Today
Compensation after a fatal accident can’t replace a loved one, but it does provide crucial financial support for families facing an uncertain future. Full and fair compensation helps ease the economic burden and can bring a sense of justice, allowing family members to focus on healing.
Though the process of obtaining compensation can be difficult, the support of an experienced lawyer makes navigating the challenges easier. With strong legal advocacy, families have a better chance of achieving the security they need as they work through their grief and begin to rebuild.
Contact a Duluth wrongful death lawyer today for a free and confidential consultation. An attorney can guide you through the legal process, fight for the compensation you deserve, and help you hold the responsible parties accountable for their negligence.
Get the Lawyer Who Wrote the Book on Georgia Wrongful Death Claims
Attorney Gary Martin Hays, who has a law office in Duluth, wrote the definitive guide for surviving family members of fatal crash victims in Georgia. As a safety advocate and experienced attorney with over 35 years of compassionate service, Attorney Hays wanted to create a helpful guide anyone could read and follow.
In The Authority on Wrongful Death Claims in Georgia, Attorney Hays explains how the legal system actually works in wrongful death claims, whether such cases involve fatal car accidents, personal injury claims, or fatal workplace accidents. Since the firm wants to help educate Georgians on their legal rights, a free digital copy of the book is available for download.
