Losing someone you love in a fatal car accident can be devastating and traumatizing. No amount of money can replace your loved one, but pursuing financial compensation and holding the negligent party liable can help you reach a sense of closure. To learn more, talk to a Wrongful Death Lawyer in Atlanta today.
What is considered a Wrongful Death?
If a death occurs due to someone else’s negligence, it is termed a wrongful death. Wrongful death cases are not criminal charges. Instead, they fall under civil cases and are dealt with differently. Possibly, in some cases, one responsible party can face criminal and civil charges. In most cases, a criminal charge is unnecessary to pursue a wrongful death claim.
There are only certain people that can pursue a wrongful death claim. These include the deceased’s partner, children, or immediate family, also referred to as the deceased person’s estate. If the deceased person does not have a spouse, children, or a domestic partner, then the parents or siblings of the decedent may be able to claim inheritance based on state laws.
Who can be held liable in a Wrongful Death claim?
Every case is unique. However, in a fatal cat accident, some potentially liable parties may be:
- The negligent driver
- The employer of the driver who was at fault, if the driver was on the job when the accident took place
- The owner of the vehicle
- The alcohol provider, if the driver was intoxicated and under the age of 21
- The vehicle manufacturer, if it was found that the vehicle was unsafe for driving
- The auto repair shop, if it was found that the accident was caused due to faulty repairs
- If dangerous road conditions caused the accident, then a government entity can also be held liable.
What is the statute of limitations?
If you are facing the unexpected and sudden death of a loved one, then the grieving process takes priority. Taking legal action can be difficult when you mourn the loss of someone you love. However, it is also very important to get legal help as soon as possible so your wrongful death claim can succeed. The statute of limitations may differ from state to state, but you have at least one year to pursue legal action in most states. The statute of limitations may be shorter if a government entity is involved, so it is important to act fast.
Get help from a lawyer today.
You do not have to suffer in silence if a loved one has passed away in a fatal car accident. Schedule a consultation with an experienced wrongful death attorney and get the professional legal help you deserve.