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by The Stoddard Firm - June 4th, 2024
After a serious car accident, a survivor usually asks themselves several questions in quick succession.
Am I going to be okay?
Will everyone else be okay?
Was it my fault?
What am I going to miss out on?
How will I pay for medical care and other expenses?
When the answer to the first two questions is “yes,” survivors can jump right into figuring out responsibility and how to move forward.
But what about when this isn’t the case?
A fatality can make the next few questions more daunting, but it doesn’t make them unnecessary. Survivors still need to pay bills, file insurance claims, and often fight for fair compensation in court with help from a top-rated wrongful death attorney from The Stoddard Firm. This can be done even when the at-fault driver is deceased.
When you go on Google and start looking for a fatal car accident lawyer to take on your case, look no further than The Stoddard Firm. Our team has over a decade of legal experience bringing lawsuit on behalf of those who have been taken advantage of or wronged by others. If the driver that hit you is deceased, a lawsuit is still possible.
With our firm handling your case, you can breathe easier. You may be able to pursue a claim against the deceased driver’s estate which allow you to involve the deceased driver’s insurer. Any damages the insurance company does not cover could be covered by the deceased person’s assets. We understand how overwhelming this time in your life is. Let us help you to move forward and access the financial compensation you need to pick up the pieces.
You may be hesitant to get a fatal car accident attorney working on your case. However, the sooner you get started, the better. Not only do we need to contend with the Georgia personal injury statute of limitations under Georgia Code § 9-3-33, but the fact that the liable party is deceased can complicate your case. While you focus on your healing journey, our team can begin gathering supporting evidence, calculating the value of your claim, and exploring your legal options.
If the at-fault party was insured, you can rely on our team to negotiate with the insurance company for a just settlement. Any damages that remain could be sought after when you file a car accident lawsuit. Not only can you be awarded compensation for your medical bills and property damages, but your emotional distress, reduced quality of life, and diminished earning capacity could also factor into the value of your claim.
If the deceased person’s family members have not gone through the process of setting up the deceased person’s estate, our law firm can force that process to occur, and we can have a county administrator appointed as the estate representative. After setting the county administrator up, we can bring the lawsuit against the estate by serving it upon the county administrator and providing a copy to the deceased driver’s insurer.
An example of this phenomenon happened in Sandy Springs in September 2023. During the afternoon rush, one tractor-trailer rear-ended another on the I-285, near Riverside Drive. The wreck started a fire that completely shut down one side of the freeway for several hours.
The truck that was hit was carrying scrap metal and magnesium, which is highly flammable. First responders had difficulty extinguishing the fire completely, because of the magnesium’s tendency to reignite.
The fire appears to have started with the rear truck, however. The fuel on board exploded on impact, killing the driver, before the flames spread to the magnesium on the front truck.
The surviving driver is now facing the unenviable task of standing up for their rights and needs following an accident that killed someone else. Even though the survivor does not appear to have done anything wrong, this process will be emotionally, socially, and practically challenging. The two trucking companies involved may even attempt to use the discomfort of the situation to minimize their own responsibilities.
Accident survivors who were injured by now-deceased drivers often worry about appearing uncaring or adding to the stress and financial burden of a grieving family. Unless the deceased driver was uninsured, however, pursuing fair compensation does not really have much to do with that driver’s family or estate.
An auto insurance company is responsible for its customers’ liability on the road, whether a given customer is still alive or not. The purpose of hiring a lawyer after a fatal wreck is not to harm or demand money from the deceased driver’s family but to make sure the insurance company pays what it legally owes.
It is crucial to remember that insurance companies, trucking companies, and other for-profit entities are rarely above exploiting people’s emotions to maximize their own profits. When a car accident survivor accepts inadequate compensation because of misplaced feelings of guilt, it only benefits these companies, not the at-fault driver or their loved ones.
If you have been injured in a fatal accident that was not your fault in Sandy Springs or throughout the Atlanta area, reach out to The Stoddard Firm by phone or through our quick contact form to learn how we can help.
A dedicated, ethical advocate who spent years defending major corporations in serious injury and wrongful death cases before switching sides to fight for families who have lost someone. Known for high-profile wrongful death trials featured on Courtroom View Network, he is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, he works tirelessly to pursue accountability and deliver results for families facing catastrophic loss.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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Matthew Stoddard and his staff are wonderful people. This law firm is a no complication type of place. They always answer the phone without the hassle of going through 30 different people and always return emails just as quick as they are received. Thank you gentlemen for everything y’all do.
I went through one of the worst times of my life. When I decided to reach out to Matt it was one of the best decisions I have ever made. He really is a genuine guy who cares about his clients. He worked hard for me and my family for 2 years until we were awarded a settlement we felt deserving! I could not recommend a better guy for your legal services!
Attorney Matthew Stoddard and his staff are awesome professionals. I contacted them with a problem, in my opinion he went above and beyond to assist me. He showed understanding and care and exceeded my expectations.
The Stoddard Firm did an excellent job in representing me in my case ! They went far and beyond to help me, even driving 4 hours to meet me multiple times as a client!!! I honestly felt like I was a member of their legal team and would recommend them to anyone in need of a great lawyer!!!
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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