Weaver Law Firm supports victims of car accidents in Cumming. Not every car accident is the same–and the worst ones result in the loss of your life (or the life of someone you care about.) We can help you and your loved ones through what comes next. Set up a free consultation today to learn more.
Should You Get a Lawyer After Losing a Loved One in a Car Accident?
You don’t need a lawyer to move forward after a fatal accident—but having one can make a hard time a little easier. Here’s what we take care of so you don’t have to:
- Looking into what happened and why
- Finding out who may be responsible
- Walking your family through each step of the process—at your pace
Sometimes that means dealing with insurance companies. Sometimes it means helping a family file a wrongful death claim. Either way, we’re here to take the weight off your shoulders.
How Does the Legal Process Work After a Fatal Car Accident?
If someone you love is killed in a car accident in Cumming, the legal process looks a little different than a regular injury claim. Instead of a personal injury claim, it often starts with what’s called a “wrongful death” claim.
The major difference is that not just anyone can file one. Georgia law gives that right first to:
- The surviving spouse.
From there, it can get a bit tricker:
- If there are children, the spouse files on their behalf too and shares any money recovered.
- If there’s no spouse, the children can file the claim on their own.
- If there’s no spouse or children, the right may pass to the parents of the person who died.
- And if none of those apply, a personal representative of the estate can file the claim, and any damages go to the next of kin.
Once the filing criteria is met, though, the process looks pretty similar to a regular injury claim–meaning it happens through either an insurance claim out of court or with a lawsuit. But once the claim is filed, the “damages” are another key difference. In a fatal car accident, it usually involves the following:
- Lost income the person would’ve earned
- Funeral and burial costs
- Medical bills tied to the crash
- Loss of care, guidance, and companionship
- Emotional pain and suffering
- In some cases, punitive damages if someone acted recklessly (like a DUI)
We know no amount of money replaces the person you lost. But taking this step can ease the financial strain and help your family move forward. Keep in mind, Georgia has a time limit–generally two years from the date of the accident–to file a claim.
Who Pays for Damages After a Fatal Car Accident in Georgia?
When someone is killed in a car accident, one of the first questions a grieving family faces is: Who’s going to pay for all of this? From funeral costs to lost income, the financial impact can be overwhelming. That’s why the first step in any wrongful death claim is figuring out who’s legally responsible—and who’s on the hook for the damages.
Thankfully, the legal standard for this is the same as any other car accident. It comes down to negligence. So, while everything depends on the circumstances of what actually happened, it’s usually the following that are held responsible for paying damages:
- The driver who caused the accident
- A car owner, if they loaned their vehicle to someone unfit to drive
- A company, if the vehicle was used for work or not properly maintained
- A manufacturer, if a defect in the car or its parts contributed
- A local or state agency, if unsafe road conditions played a role in the accident
We investigate these details carefully, because every crash is different—and so is every path to holding the right party accountable. Once we know who’s responsible, we can focus on making sure your family isn’t left covering the costs of someone else’s mistake.
What Can I Do Right After the Car Accident To Help the Claim?
The moments after any car accident are chaotic—and in fatal accidents, they’re often impossible for families to process right away. Still, there are steps that can help set the foundation for a strong claim, if you’re in a position to take them:
- Call 911 – This brings medical help from an ambulance and a police response to help gather information. With a fatal accident, the police will put together a crash report that verifies the death and is a key in building your case.
- Gather as much information as you can – If possible, get the names and contact details of any witnesses or involved drivers.
- Document the accident scene – Photos of the cars, road conditions, skid marks, or weather can all be useful later.
- Track your expenses – Funeral costs, lost income, and any related medical bills should be documented carefully.
Of course, many of these steps aren’t always possible in a fatal crash. That’s where we step in. Our team can help collect evidence, request official reports, and do the legwork for you.
What Causes Fatal Car Accidents in Cumming?
The emotional component of a fatal car accident is very real, but one of the more difficult things about these types of accidents is that they can happen at any time. Even a seemingly minor collision (under the right circumstances) can turn fatal. Most of the time, though, fatal car accidents in the city happen because of things like:
- Drunk or impaired driving
- Speeding, especially on highways or rural roads
- Distracted driving—texting, eating, or fiddling with a GPS
- Driver fatigue
- Reckless behavior like tailgating or swerving through traffic
- Vehicle malfunctions—bad brakes, tire blowouts, or other defects
- Poor road design or maintenance
- Low visibility during rain or fog
No matter what caused the accident your loved one was in, the outcome for your family is the same: life changes in an instant. We’re here to help you take the next steps so you and your family can move forward.
Talk With a Cumming Car Accident Lawyer
If your family has lost someone in a car accident around Cumming, the road ahead can feel uncertain. You don’t have to handle it alone. Our Cumming car accident lawyers at Weaver Law Firm can walk you through what to expect, what options you have, and what support looks like—starting with a free consultation.