When a loved one is involved in a fatal pedestrian accident, it can be a heartbreaking and overwhelming experience for the family left behind. Losing someone in such a tragic way is something no one can prepare for, and the emotional and financial toll it takes on a family can be devastating. In the state of Georgia, pedestrian accidents are unfortunately not uncommon, and when one results in death, families may wonder if they can seek justice by filing a wrongful death claim. The answer is yes, but the process can be complicated, and it is essential to understand the steps involved and the laws that apply. At, Princenthal, May & Wilson, LLC, we are here to guide you through the legal process and help you navigate the complexities of your case.
Understanding Wrongful Death Claims in Georgia
A wrongful death claim is a legal action that allows surviving family members to seek compensation when someone’s death is caused by the negligence or misconduct of another person or entity. In Georgia, a wrongful death claim can be filed by the surviving spouse, children, or parents of the deceased. If none of these relatives are available, the executor or administrator of the deceased’s estate can file the claim on behalf of the estate.
To succeed in a wrongful death claim, it must be proven that the death was caused by the negligence or intentional actions of another party. This could involve a driver who was speeding, driving under the influence, or not paying attention to pedestrians. It could also involve hazardous road conditions or poorly marked pedestrian crossings. In these cases, a family may have the right to hold the responsible party accountable and seek compensation for the loss of their loved one.
Who Can File a Wrongful Death Claim in Georgia?
As mentioned earlier, only certain family members or representatives of the estate can file a wrongful death claim in Georgia. The primary person who can file the claim is the surviving spouse. If there is no spouse, the right to file goes to the children of the deceased. If the deceased person did not have a spouse or children, the parents of the deceased may file the claim. In cases where there are no surviving immediate family members, the estate’s administrator can bring the claim on behalf of the estate.
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The claim is meant to compensate the family for the loss of their loved one. Compensation may include the financial contributions the deceased would have made to the family, such as income or benefits, as well as the loss of companionship, guidance, and emotional support. Additionally, the family may be entitled to recover funeral and medical expenses related to the death. It is important for families to act quickly because there are time limits on when a wrongful death claim can be filed.
Time Limits for Filing a Wrongful Death Claim
In Georgia, the statute of limitations for filing a wrongful death claim is two years from the date of the person’s death. This means that the family or the estate must file the claim within two years, or they may lose the right to seek compensation altogether. However, there are some exceptions that may extend or shorten this time frame. For example, if a government entity is involved, such as a case where a city failed to maintain a safe crosswalk, the time limit may be shorter. On the other hand, if there is a criminal case related to the death, the civil case may be put on hold until the criminal case is resolved.
It is important for families to be aware of these time limits and to consult with an attorney as soon as possible to ensure they do not miss the opportunity to file a claim. An attorney can help navigate the legal process and make sure that all the necessary paperwork is filed within the required time.
After a car accident, I contacted David May at the Lagrange office. He, and his staff, helped me with medical advice and follow up doctors visits, along with dealing with my insurance and the insurance of the woman that hit me. I have been very pleased with the service I received from David May and the Lagrange staff. They are warm and open, always there to help with advice and answer questions.” - Debau I highly recommend Adam Princenthal .I was looking for someone with years of experience in personal injury.They needed to be knowledgeable, transparent and honest.I wanted to know I was dealing directly with the lawyer I hired.Adam Princenthal could answer all the difficult questions and phone calls were returned.Adam got the settlement I was looking for in a timely manner." - Nancy K. I am glad that I was referred to Princenthal & May. Matthew met with me and gained my trust with the case. I was never left in the dark on any matters, My phone calls were either answered or returned quickly. The office staff are very friendly as well. My case was settled, with both Matthew and Adam present. Both are very professional in their work.. They work for you !!!" - Jacque Minor
Proving Negligence in a Pedestrian Accident
To successfully file a wrongful death claim, the family must prove that the death was caused by someone else’s negligence. In a fatal pedestrian accident, this often involves showing that the driver or another party was careless or reckless in a way that led to the accident. There are several ways that negligence can occur in pedestrian accidents, and understanding these causes can help families determine if they have a valid claim.
One common cause of pedestrian accidents is distracted driving. Drivers who are texting, talking on the phone, or otherwise not paying attention to the road may fail to see pedestrians and cause a fatal accident. Speeding is another major factor in pedestrian accidents. When a driver is traveling at high speeds, they have less time to react to a pedestrian crossing the street, which can result in a deadly collision. Drunk or impaired driving also leads to many fatal accidents each year, as drivers who are under the influence of alcohol or drugs are less able to make sound decisions and react quickly to hazards on the road.
In some cases, pedestrian accidents can be caused by factors other than the driver. For example, poorly designed roads or intersections may contribute to a dangerous environment for pedestrians. If crosswalks are not clearly marked or there are no traffic signals to protect pedestrians, accidents are more likely to occur. In these cases, the party responsible for maintaining the road may be held liable for the accident.
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What Compensation Can Be Recovered?
If a wrongful death claim is successful, the family of the deceased may be able to recover several types of compensation. The most obvious type of compensation is for the financial losses the family has suffered as a result of the death. This can include the loss of the deceased’s income, benefits, and other financial support they would have provided to their family. In addition, families may be entitled to recover the cost of funeral and burial expenses, as well as any medical bills incurred before the death.
Another important aspect of a wrongful death claim is the compensation for the emotional losses suffered by the family. This includes the loss of companionship, love, and guidance that the deceased provided to their loved ones. These damages are often harder to quantify, but they are no less important than the financial losses. Families deserve to be compensated for the profound emotional impact that the loss of a loved one has on their lives.
In some cases, the court may also award punitive damages. These damages are not meant to compensate the family for their losses, but rather to punish the person responsible for the death and to deter similar behavior in the future. Punitive damages are generally only awarded in cases where the defendant’s actions were particularly reckless or egregious, such as in cases involving drunk driving.
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Why It’s Important to Work with an Attorney
Filing a wrongful death claim after a fatal pedestrian accident can be a complex and emotionally challenging process. There are many legal rules and procedures that must be followed, and navigating this process without the help of an attorney can be overwhelming for grieving families. An attorney can provide the guidance and support needed to build a strong case and seek justice for the deceased.
An attorney can also help gather evidence to prove that the accident was caused by negligence. This may include reviewing police reports, interviewing witnesses, and consulting with accident reconstruction specialists. Additionally, an attorney can negotiate with insurance companies and other parties on behalf of the family to ensure that they receive fair compensation for their losses.
It is also important to remember that time is of the essence when filing a wrongful death claim. The statute of limitations means that families only have a limited time to file their claim, and an attorney can help make sure that the claim is filed in a timely manner. By working with an attorney, families can focus on healing and remembering their loved one while the attorney handles the legal aspects of the case.
Losing a loved one in a pedestrian accident is one of the most painful experiences a family can go through. While nothing can bring your loved one back, seeking justice through a wrongful death claim can provide some closure and financial relief for your family. If you have lost a family member in a fatal pedestrian accident in Georgia, the compassionate and dedicated team at Princenthal, May & Wilson, LLC is here to help. Our attorneys understand the challenges families face in these difficult times, and we are committed to providing the support and legal experience needed to pursue a wrongful death claim. Contact Princenthal, May & Wilson, LLC today to discuss your case and learn how we can assist you in seeking justice for your loved one.