Fatal Car Accidents
Based on information provided by the Governor’s Office of Highway Safety, it is clear that traffic accidents are a major source of tragically avoidable deaths in Georgia. Well over a thousand people die in motor vehicle collisions across the state each year. If your family has lost a loved one in a fatal crash, Athens car accident lawyer John Hollis Baker can help you vigorously assert your legal rights with respect to seeking compensation from the person or entity responsible for your loved one’s death.Bringing a Wrongful Death Claim After a Fatal Car Accident
Proving liability against the responsible party in a fatal car accident case may be a complex undertaking. The traditional elements of negligence must first be proven, which are that the defendant owed a duty of care, the duty was breached, damages were incurred, and there was proximate and legal causation between the breach of duty and the damages. Forms of evidence may include eyewitness testimony, vehicle data recorder information, photographs and measurements from the scene of the accident, and expert testimony from professionals like doctors, vocational experts, and vehicle accident reconstructionists.
A family who has lost a loved one in a fatal motor vehicle collision may be able to recover damages for their loved one’s death by filing a wrongful death claim against the responsible party. Damages may include the loss of consortium, companionship, guidance, and support that the family members suffered. The victim’s estate may also have a claim for expenses and losses arising from the decedent’s passing. The particular person or group of people who have a legal right to file suit in a wrongful death action vary depending upon the deceased person’s age and marital and family status.
If the victim’s own carelessness played a role in causing the accident in which he or she died, the defendant may be able to seek a reduction in damages under Georgia’s comparative fault law. Under this doctrine, if a victim contributed to the cause of an accident, the damages available to the plaintiff or estate may be reduced in proportion to their fault up to 50%. If the victim was more than 50% at fault, compensation will be barred. This makes it especially important to consult a personal injury attorney who can help explain why your loved one was not at fault for the accident.Contact a Car Accident Lawyer in the Athens Area
A dedicated and experienced injury attorney may be a vital tool as a family deals with the consequences of a loved one’s death. To speak with a knowledgeable Athens car accident attorney about a potential wrongful death case, call Baker & Slider at (706) 208-1514 or contact us online to set up a free, confidential case evaluation. We represent victims and their families in Athens, Jefferson, Watkinsville, and Danielsville, among other areas in Clarke, Jackson, Madison, Oconee, and surrounding counties. In most cases, we work on a contingency fee basis, so no legal fees are collected unless your case is resolved through a settlement or judgment. When we accept a case, we always are ready to take the case to trial in front of a jury as part of our commitment to advocate zealously for our clients.