Can A Drunk Driver Be Sued for Wrongful Death in A Fatal Accident?
Can A Drunk Driver Be Sued for Wrongful Death in A Fatal Accident? : Your Loved One Was Killed in A Tragic Drunk Driving Accident
Unfortunately, you and your family are looking for Atlanta wrongful death attorneys. There is no time like the present. Having lost a loved one is a difficult situation. Making matters worse is that your loved one was lost due to the negligence of others. The horrible consequence of a drunk driver’s negligence. Your loss is incomprehensible and unique to you and your family. The days, months and years ahead will be marked by this tragedy. However, it is important to begin looking for Atlanta wrongful death attorneys as soon as possible.
Time is of the utmost importance because there is a statute of limitations that you are working within. In the state of Georgia, the statute of limitations for filing wrongful death suits varies. You may have to file from the date of the injury. Or you may have to file from the date of death. It depends upon the scenario, and it is important to speak with an attorney to fully understand the constraints involved with the statute of limitations. Doing your research to find appropriate representation among the assortment of Atlanta wrongful death attorneys is extremely important and you don’t have an extended timeframe. Learn more in order to understand and better navigate your circumstances.
A Complex Scenario Broken Down into Layman’s Terms
In the state of Georgia, a drunk driver can be sued for wrongful death in a fatal accident. Notable Atlanta wrongful death attorneys define the term “wrongful death” as:
- unintentional actions leading to death—which will be the case with the vast majority of car accidents, and
- intentional actions leading to death
Every case is different, and it is imperative that you have a professional assess the details of the drunk driving accident which caused the wrongful death. Having an attorney with experience in this area is key.
Will The Drunk Driver Be Adequately Punished ?
The fatality caused by a drunk driver will be deemed unintentional in most cases. This is an angering and frustrating point because many times the drivers are aware that they are drunk when they get behind the wheel. That act was intentional. However, the accident and the death of someone in that accident was an unintentional act. When it comes to your ability to file a wrongful death suit the foundation is clear because your loved one was killed wrongfully. – That is the death was not due to natural causes.
Most states have rigid rules when it comes to prosecuting drunk drivers. In most states, it matters if the drunk driver has been caught driving under the influence before. There are different punishments for a first-time offender, a second time offender and a third or more time offender. The sanctions include:
- License suspension
- Alcohol interlock system installation
- Community service participation
- Jail time
Undoubtedly, you and your family will be involved with and very concerned about the criminal ramifications of the drunk drivers actions. However, the wrongful death suit is a completely separate entity. Whatever happens in criminal court is decided by a different judge and jury (if necessary). Understand that a wrongful death suit is a civil action that will be decided in a civil court of law. It is part of the branch of law that is called a “tort”. A tort is a wrongful act or an infringement of a right which leads to civil legal liability as defined by Oxford Languages
You Need Representation in Order to File a Wrongful Death Case in Georgia
When you meet with your team of Atlanta wrongful death attorneys, they will get to know you and your deceased loved one very well. A reputable firm will be staffed with professionals who understand the nuances of presenting a clear picture to the judge and a jury regarding the “value” of the lost life. There is no way to place a dollar amount on the toll your loved ones absence will take upon you and your family. What a kind-hearted and good-intentioned attorney will do is take the time to help you make an attempt to put value on the logistical loss of your loved one. In so doing, you will take into account the following:
- Employer benefits and salaries that your loved one would have earned had they lived
- Medical bills associated with your deceased loved one’s injury or final illness relating to the drunk driving accident
- The expenses incurred for burial and funeral costs
- The suffering and pain your loved one may have gone through before they passed away
- What the absence of your loved one’s presence means to your family in terms of the loss of caregiving, or their emotional support of you and your family members
Bear in mind that only immediate family members such as:
- The surviving spouse of the decedent
- Offspring of the decedent
- Parents of the decedent
- Siblings of the decedent
can file a wrongful death claim according to The Stoddard Firm. This firm specializes in catastrophic injury and wrongful death. They are Atlanta wrongful death attorneys. As a result, they are well-versed in the protocols involved with filing and successfully representing you in this painful but necessary endeavor.
You don’t have to put this on as another burden during this very difficult time. Let the qualified and stellar professionals at The Stoddard Firm help you make the right decisions on your wrongful death case. Contacting a compassionate and professional attorney at this firm is extremely easy. There is a live chat feature available 24/7 which will put you in contact with a live, real person at any moment of any day. We know that life does not stop though you have been dealt this very unfortunate blow. If you are more comfortable speaking with someone, do not hesitate to contact the firm via the free consultation form on their website or by calling 678 RESULTS to speak with someone around the clock.