Accident Survivors Can Still Sue When the At-Fault Driver is Deceased

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.

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Why The Stoddard Firm?

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.

Our Fatal Car Accident Law Firm’s Process

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.

One Trucker Is Dead and Another Injured After a Collision In Sandy Springs

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.

Legal Action Is Often Necessary to Hold Insurance Companies to Their Commitments

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.

Connect With a Dedicated Fatal Car Accident Attorney Today

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.

Attorney Matt Stoddard

Atlanta Personal Injury LawyerMatt Stoddard is a professional, hardworking, ethical advocate. He routinely faces some of the nation’s largest companies and some of the world’s largest insurers – opponents who have virtually unlimited resources. In these circumstances, Mr. Stoddard is comfortable. Mr. Stoddard provides his strongest efforts to his clients, and he devotes the firm’s significant financial resources to presenting the strongest case possible on their behalf. Matt understands that his clients must put their trust in him. That trust creates an obligation for Matt to work tirelessly on their behalf, and Matt Stoddard does not take that obligation lightly. [ Attorney Bio ]

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