You may sue if the at-fault party dies in an Atlanta car crash. However, a lawsuit might not be necessary. The at-fault party’s insurance may cover your losses. If insurance doesn’t cover your losses, then you could sue the deceased party’s estate.
Cases involving deceased motorists may be complex. Hiring a lawyer will allow you to avoid these complications. Our firm may secure the compensation you need.
Georgia Follows a Fault-Based Insurance Structure
In some states, a motorist’s own insurance may cover their property damage and medical bills – regardless of who causes the crash. This isn’t the case in Georgia. In Georgia, the at-fault motorist covers the damage from the accident. This is called a “fault-based” insurance system.
The Georgia Office of Commissioner of Insurance and Safety Fire (OCI) explains that motorists in the state must have minimum insurance coverages of:
- Bodily injury liability: $25,000 per person and $50,000 per accident
- Property damage liability: $25,000 per accident
These coverage limits may compensate for all your losses. You may also have your own insurance coverage. Your own coverage may cover any damage beyond the at-fault party’s insurance. In some cases, though, you may need to sue the at-fault party’s estate.
You may resort to a lawsuit if:
- The at-fault motorist’s insurance doesn’t cover all of your losses (and your own insurance doesn’t cover remaining losses).
- The at-fault motorist had no insurance.
- You wish to recover compensation for losses insurance doesn’t cover—like pain and suffering.
- Any other personal circumstances make a lawsuit necessary.
Any death is a tragedy. Still, you must cover your own losses. You may need to sue the at-fault party for your Atlanta car crash, even if they died. A lawyer can handle such a case with the necessary sensitivity.
For a free legal consultation, call 404-214-2001
How Can a Lawyer Help when the At-Fault Driver Dies?
Even the most straightforward car accident can become complicated. When insurance companies become involved, challenges may follow. A case involving a deceased motorist may be especially complicated. A lawyer from our team will handle your entire case.
Our team can:
Review All Relevant Insurance Policies
Insurance is a key factor in car accident cases. Our team will review all relevant policies and determine:
- Whether the at-fault party had insurance
- How much insurance coverage they have
- Whether their insurance covers your losses
- Whether your own insurance will cover your losses (if necessary)
You won’t have to worry about complicated insurance jargon, fine print, or other perils of an insurance policy.
Deal with Insurance Companies
Though they can be helpful after a car accident in Atlanta, your insurance company doesn’t represent you. The insurer of the at-fault party certainly doesn’t represent you. Our firm exercises a healthy caution towards insurance companies, as they may:
- Seek to avoid paying your claim
- Delay settlement and payment of your claim
- Accuse you of being at fault for your accident
- Offer an inadequate settlement
- Deploy lawyers and other means of intimidation
- Act in their own self-interest
Our team will protect you from any such tactics.
File and Complete Your Lawsuit
We will handle your case if you need to sue the at-fault party. We’ll investigate your accident and gather evidence. We may hire experts to help with your case. Our team also creates and files all necessary legal documents.
Fight for Fair Compensation
Negotiation may be necessary no matter how your case unfolds. We’ll fight for fair compensation whether we’re dealing with insurance companies or other attorneys.
What Types of Damages Might You Sue for?
You may sue if you determine your losses outweigh insurance coverage. Those losses may include:
- Medical expenses: Car accidents can lead to many medical expenses, from an ambulance ride to hospitalization and rehabilitation.
- Lost income and earning power: You may forfeit your regular earnings because of injury. Persistent symptoms may diminish your long-term earning power.
- Property damage: A common result of colliding vehicles, property damage may have a significant cost. You may even need to replace your vehicle.
- Pain and suffering: Injuries generally cause pain. You may also suffer psychologically and emotionally. You may require counseling, medication, and other treatment for trauma.
- A wrongful death: Some accidents cause multiple deaths. If your loved one passed away in addition to the at-fault motorist, you could file a wrongful death claim. Recoverable losses may include funeral expenses, loss of consortium, grief counseling, and medical care.
The effects of every car accident in Atlanta are unique. We’ll identify all your recoverable losses.
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Call Kaine Law Today for a Free Consultation
Review testimonials from car accident victims whose cases we’ve won. We aim to provide stellar legal representation to every client. If you’ve suffered injuries or lost a loved one, consider Kaine Law for your case. You can complete a free, no-obligation consultation.
Call Kaine Law today at (404) 214-2001 for your free case review.