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How to Know if You Have a Wrongful Death Case

By Hiren Dave Subscribe to RSS | January 27th 2012 | Views:
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Deaths caused by a car accident are listed as the fifth leading cause of death in America today. For anyone that has lost a loved one in a car accident, the loss can seem senseless and leave those left behind with more questions than answers. The surviving family members or loved ones want to ensure that someone is held accountable for these seemingly wrongful deaths. Not every death by car accident however will result in a wrongful death case. In Atlanta, an Atlanta Wrongful Death Lawyer can assist those who have lost a loved one in a car accident determine if they have a wrongful death case. Here is some helpful information in determining whether or not you have a wrongful death case, before you seek consultation with an Atlanta personal injury lawyer.

There are many cases where fatal car accidents can occur. The Department of Transportation suggests that negligence is the leading cause of a fatality that occurs as the result of a car accident. Sometimes that negligence can be on the part of the individual that dies, such as neglecting to wear a seat belt. In other cases, another driver can be found to engage in negligent actions that lead to the death of another individual on the road.

In order for a loved one to have a case for wrongful death, another party must be considered the negligent party. In other words, another party must have engaged in these negligent actions that lead to another person's death. There are many negligent actions on the road that can lead to another person's death, and while every case is considered on an individual basis, there are some common negligent factors across fatalities from car accidents. The most common negligent actions include driving under the influence of controlled or alcoholic substances, running a red light, violating standard rules of the road, or overtaking another car in a zone marked a no-overtake zone.

In some cases a negligent party may not even be another driver, but could be a third party such as a private company that is performing road work. In cases such as this, negligence from a third party would include neglecting to inform drivers of damaged sections of the road, or not providing enough warning symbols or signs advising driver's of less than desirable driving conditions.

A surviving relative does not need to be present at the accident in order to have a case for wrongful death. If another party is criminally charged in the accident, this is one indication of possible negligence on another person's part that lead to the tragedies that occurred in the accident. While every state has their own wrongful death legislation, generally speaking the laws are clear when it comes to what constitutes a wrongful death. Car accident lawyers are experienced in this legislation, and can help surviving loved ones determine if they have a case against a negligent party, and also assist in seeking compensation from the negligent party. Compensation sought in a wrongful death claim can include (but is not limited to) compensation for lost wages of the victim, medical costs incurred as a result of the accident, funeral costs, and emotional distress arising from lost companionship of the surviving family members. An Atlanta car accident lawyer can greatly benefit families in the Atlanta area understand Georgia wrongful death law, and help them determine the best way to pursue damages when they have lost a loved one in a car accident tragedy.

Hiren Dave - About Author:
An Atlanta Wrongful Death Lawyer can help determine if you have a wrongful death case, and help you get the compensation you deserve.

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