Can I Get Compensation if My Spouse Died in an Atlanta Truck Accident?
Truck crashes can have horrific consequences. Sometimes they result in injuries so serious that the victim dies. When a loved one’s life is taken suddenly, families find it very hard to cope. Their pain is magnified when it appears their spouse, parent or child died due to someone else’s negligence. If you lost a spouse in a truck accident, you may be able to seek compensation with the help of an attorney in Atlanta, Georgia. It doesn’t matter whether your loved one was a driver, passenger or pedestrian as long as you can prove that another party was responsible for their death.
Key Considerations for an Atlanta Truck Accident Attorney
When you meet with an attorney to discuss your case, they will tell you whether you have sufficient grounds for a wrongful death claim. Typically, you can file such a claim in circumstances where the victim would have filed a personal injury claim if they survived.
One of the first things your attorney will do is seek to establish who was really responsible for the accident. The at-fault party is not always the driver of the other vehicle. Depending on the circumstances in which the accident occurred, a business, government department or vehicle manufacturer may be held liable. You will need to prove that:
- The death resulted from the accident in question
- The accident was caused by the other party’s negligence
- The death had a negative effect on you and other family members
- The death caused financial hardship for survivors
While it would be difficult for you to do this on your own, your attorney will help you to gather evidence and put together a solid case. It is important that you consult a lawyer as soon as possible after your spouse dies. In Georgia, wrongful death lawsuits must be filed within two years of the death. There are circumstances in which the time may be extended or reduced so it is best to move quickly to have a lawyer review your case.
You may want to first attempt to reach a settlement via negotiation since court cases can be lengthy and emotionally draining. When you’re trying to come to terms with your partner’s death, facing the court can be particularly hard. If you and the defendant’s insurance company can reach an out-of-court settlement, you may get the compensation you deserve much faster. It is only if negotiations fail that you will pursue the liable party in court and you will need time to do this.
Regardless of if you seek an out-of-court settlement or you file a lawsuit, an experienced Atlanta truck accident lawyer will have to do thorough investigations. It is best to act while you still have access to evidence. As time passes, witnesses move away or forget what happened and changes are made to accident scenes. If you really want to win your case, you shouldn’t delay.
Types of Compensation Your Georgia Truck Accident Attorney Will Help You Secure
When you file a wrongful death lawsuit in a Georgia court, you will be able to claim an amount which represents the full value of your spouse’s life. This includes both economic and non-economic damages. Economic damages include quantifiable amounts like projected lifetime earnings. Non-economic damages are intangible factors like enjoyment of life. A number of factors are considered in calculating damages including your spouse’s life expectancy when he or she passed, their health before the accident, age, lifestyle, occupation, and past and future earnings.
A jury is tasked with determining the value of your spouse’s life and there is no limit to the amount of damages which can be awarded in a wrongful death case. In addition to this wrongful death claim which you can assert, you can also be compensated for medical bills, funeral costs and the pain and suffering your spouse endured before they died.
If the deceased had children, you will have to share damages with them. However, you will never receive less than a third of the total amount, regardless of how many children are involved.
Contact The Bethune Law Firm Today to Discuss Your Case
Our Atlanta truck accident lawyers have several years of experience dealing with wrongful death cases and vehicular accidents. We understand how difficult it is for spouses to cope when they lose their partner in a truck accident. When you allow us to work for you, we focus on building a solid case so you can get the compensation you deserve. We know nothing can bring your loved one back, but we can help to reduce the financial burden you now face. If you want to collect damages for medical bills, funeral expenses, pain and suffering. and other losses, contact us today to schedule a free consultation.