Cumming
Fatal Car Accident Lawyer

When a loved one dies in a fatal car accident, it is up to you as their surviving relative to get them justice. Often, that involves filing a wrongful death lawsuit, which is why a car accident lawyer in Cumming should be your first phone call.

Even if you don’t intend to file a lawsuit yet, dealing with the insurance company for compensation will be tough. Let an experienced car accident attorney work with you during this process so that you can get the best results and find some measure of justice for your kin.

What Should You Do After a Fatal Car Accident?

There is an extensive settlement process involved when a loved one has died in a car accident. The first step is to notify all the parties involved and their insurers about your claim.

If you are in Cumming, Georgia, we advise that you contact an experienced car accident attorney such as those at John Foy & Associates even before you file the claim. That’s because, after filing the notice of claim, the process that follows requires speed and skill.

Gather and Verify Information on All Insurance Covers Involved

Even before you file a lawsuit, you need to determine how much money you are eligible to get from the insurance companies involved. This includes the deceased’s insurer and those of all third parties involved.

Only experienced fatal car accident attorneys in Cumming know how to “stack” insurance policies to ensure maximum payouts. They can also look for medical covers to help pay medical bills before a settlement is made.

Conduct an Investigation and Gather Evidence

You will need to write a demand letter to the parties from whom you want compensation. This letter needs to have supporting evidence and documentation for every dollar you’re asking for, which is why you need to collect evidence as early as possible.

Your car accident attorney in Cumming should swing into action quickly to obtain copies of the police report, obtain witness statements, video and photo evidence, and anything else that can help to prove fault and document your financial loss.

Medical bills, evidence of lost wages, and other financial data is also necessary to calculate the amount of damages due. We gather all these items of proof into a settlement package since insurance companies will only pay for what you can prove.

Settlement Negotiations

Once the settlement package has been presented to the insurance companies and all parties involved, the negotiations begin. Insurance adjusters will usually respond within a month with their first offer after reviewing the letter and package.

Negotiations move quickly from there since it is in everybody’s best interests to settle as fast as possible. If a favorable deal is reached, an experienced lawyer can’t send you the proposed paperwork to get your approval. If you agree, you can have your check usually within a week.

If this settlement process fails, the legal team can then discuss the possibility of filing a wrongful death lawsuit against the parties at fault. 

Filing a Wrongful Death Lawsuit in Cumming, GA

A wrongful death is one that occurs as the result of another person’s misconduct, negligence, or deliberate action. Immediate family members including the deceased’s spouse, children, parents, or their estate’s executor or administrator are all eligible to file a wrongful death lawsuit.

Many people feel guilty about pursuing a wrongful death lawsuit. The fact is, suing the responsible party is not about getting money for the life of the deceased. It’s about taking care of those who survive them.

Wrongful death lawsuits also include punitive measures, such as large fines, ensuring that the responsible party is held responsible for their error.

How Damages Are Calculated After a Fatal Accident

Compensation or “damages” awarded for wrongful death lawsuits fall into two main categories: financial losses, and lost “value of life”. The latter includes lost wages and any tangible and intangible benefits that the deceased would have provided to their family.

Personal Damages

These are the damages that the deceased could have reasonably pursued had they survived the accident. They include damages for pain and suffering that occurred between the time of the accident and their death, as well as financial losses incurred.

Medical Expenses

These include emergency care and all healthcare bills the deceased incurred before their passing. The lawsuit seeks to compensate for all these bills, but they need to be fully documented.

Lost Wages

The deceased’s survivors might be eligible to receive compensation for the money the deceased could have reasonably earned had they lived through the accident.

Pain and Suffering

As the deceased’s survivors, you may be eligible to receive pain and suffering damages on their behalf. This is especially the case if they went through significant pain for a while before dying of their injuries.

Additional Damages

The lawsuit might also award you additional damages including compensation for:

• Funeral and burial expenses.
• Loss of future wages, especially for victims who relied on the deceased for financial support.
• Loss of consortium, which accounts for the loss of companionship and emotional trauma suffered from the loss of the deceased.

Georgia’s Comparative Negligence Rule

One thing that is especially important to remember is Georgia’s comparative negligence system. The defendants (insurance companies and other parties) might raise a defense that the deceased was partly at fault for the accident.

Georgia’s laws allow for that and the compensation will be limited to the level of fault for which the victim was not accountable. 

Furthermore, in Georgia, this rule is further modified so that the victim can only be compensated if their level of fault is less than 50% or less than that of the defendant.

Beware of Insurance Companies!

Insurance companies use rules like comparative fault to reduce the amount of damages they have to pay. Some of them even use offhand methods such as hiring private investigators to collect evidence that gets your claim dismissed.

For example, you can be sure that the company’s first settlement offer will be a lowball offer. They will get you an offer within hours or days of the accident when you are most vulnerable. Once you sign this offer, they have a clause that says you can’t sue them again.

That’s why we always advise that you don’t talk to the insurance companies. After filing your notice, let your Cumming fatal car accident lawyer communicate and negotiate with them on your behalf.

Let John Foy & Associates Help

With a Cumming fatal car accident attorney from John Foy & Associates, you can navigate the settlement and legal claims process more easily and with more success. We work hard collecting evidence and using our considerable resources to go to war on your behalf.

Remember, consultation is 100% free of charge—you only pay when you win. Contact us and let us help you get through this as you fight for the compensation you deserve.