The Georgia Department of Transportation (GDOT) found that 1,507 people died on the roads of Georgia in 2019, which equates to more than four traffic deaths per day. The situation of fatal accidents may vary greatly from one to another, and the circumstances of an accident that caused the death of your loved one may be important in how you decide to proceed with respect to those responsible for the collision.
If you are considering bringing legal action in response to your loved one’s death, then a Savannah fatal car accident lawyer could provide details on the process for initiating a wrongful death lawsuit.
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A Fatal Accident May Be the Result of Motorist Negligence
Motorists who fail to operate within the laws of the road may run a higher risk of causing the death of:
- Other motorists
- Their passengers
- Passengers in other vehicles
Behaviors that Lead to Accidents
There is a long list of behaviors that may pose a threat of harm to others on or near a roadway. Some of the behaviors that could plausibly result in death include:
- Driving while drunk, which is a large problem as shown by the 19,208 convictions for driving under the influence (DUI) in the state of Georgia in 2019, according to the Georgia Department of Driver Services
- Driving under the influence of drugs, which could impair a driver in various ways depending on the type of drug affecting them
- Driving above the speed limit
- Driving aggressively, which may include behaviors such as tailgating, making dangerous lane changes, and ignoring rights of way
- Failing to maintain a safe vehicle
- Failing to secure objects that could fall from a vehicle and strike another vehicle or cause an accident
- Driving excessively slow, especially on roadways intended for high-speed travel such as interstates
- Being distracted while driving, which is against the law and very dangerous, according to the Georgia Department of Public Health
If you have lost a loved one due to a car accident, then you may care most about the fact that your loved one is gone, and that you likely miss them a great deal. The specifics of how their death occurred may, however, be important concerning:
- How you choose to proceed, from a legal perspective, after their passing
- The compensation that you or your loved ones may be entitled to
- The extent to which you may want to enact justice for your loved one’s death
Should you choose to pursue a wrongful death lawsuit, or even if you want to learn more about bringing a wrongful death lawsuit, speaking with a member of our team could be helpful.
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The Process of Bringing a Wrongful Death Lawsuit
The American Bar Association (ABA) brings up some considerations that may be relevant as you weigh bringing a wrongful death lawsuit. Some questions that you may ponder before bringing a lawsuit, or as you move forward with a lawsuit, include:
- What specific circumstances caused the collision that resulted in your loved one’s death?
- Who is responsible for each of the specific contributing factors to the accident?
- To what extent is each party responsible for the accident?
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How an Attorney Can Assist You
A lawyer may be able to kickstart your lawsuit by explaining who they believe contributed to the death of your loved one. When a car accident-related death occurs, some parties that may be responsible include:
- Any driver who contributed to the accident, especially those whose actions were negligent
- Any employer of a driver whose actions contributed to the accident
- A vehicle or car parts manufacturer if one or more features of a vehicle did not function properly and contributed to the accident as a result
- Any other party whose actions may have increased the likelihood of the collision that ultimately occurred
Once you and your lawyer decide who is responsible for your loved one’s passing, then your lawyer may:
- Serve notice to those named as defendants in your lawsuit
- Draft and file your lawsuit in the appropriate court
- Calculate the total of losses that your family has suffered because of your loved one’s passing, as many of those losses may be of the non-economic sort
- Collect all available evidence about your loved one’s accident
- Hire investigators to collect any evidence that has yet to be discovered
- Consult experts whose testimony may be helpful to your lawsuit
- Collect existing witness testimony, and possibly re-interview prior witnesses or interview new witnesses
- Negotiate with attorneys for the defendants named in your lawsuit to see if they will offer a settlement that you believe is fair
- Bring your lawsuit to trial if no settlement is possible
- Protect the rights of your family and the memory of your loved one
While a wrongful death lawsuit may be about seeking justice for your loved one, it may also be about enacting justice by obtaining compensation for yourself and any loved ones who have been affected by your loved one’s death.
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Possible Compensation for a Wrongful Death
There may be no monetary amount that is worth your loved one’s life, but a wrongful death lawsuit may attempt to compensate those affected by your loved one’s passing nonetheless. Some types of compensation you may be entitled to include:
- Loss of consortium, a term that may encompass the totality of value, such as presence or comfort, that your loved one provided while alive
- Loss of your loved one’s income, which may be extrapolated to account for future income they would have earned
- Pain and suffering, which could be significant
- Medical expenses from the accident
Your case may warrant additional losses, and a lawyer may help you seek any type of compensation that you or other loved ones should be entitled to.
Call George Sink, P.A. Injury Lawyers Today
Our team at George Sink, P.A. Injury Lawyers wants you to focus on coping with the passing of your loved one while we handle the rest. You may not be eager to handle any legal matters, and a Savannah fatal car accident lawyer will take care of such matters for you. Call George Sink, P.A. Injury Lawyers today for a free consultation.
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