The loss of a loved one is the most difficult experiences any person goes through in their lifetime. When the loss is sudden and unexpected, the experience is made that much more difficult. Your thoughts are where they should be, with the person you have loss, and not on the practical things that arise whenever someone passes away. When one of those practical things is deciding if it is appropriate to pursue a claim against a person or company believed to be responsible for the death of your loved one, the first step is determining the right attorney to retain to assist you. There are many fine attorneys who can assist you. However, the right attorney is the one who is not only competent to handle the case, but with whom you feel you can have a strong working relationship.
In Georgia, only certain individuals are entitled to recover for the loss of a loved one. Generally, when the deceased person is an adult, his or her spouse or children have the right to seek a legal recovery when a loved one has died due to negligence or an intentional act. The spouse is required to share a portion of the proceeds from any legal action for wrongful death with the children, but is guaranteed a one-third of any recovery for wrongful death. When the death of a minor is involved, the right to recover belongs to the child's parents. In the event a person is not survived by a spouse, child or parent, then the right to pursue a wrongful death action belongs to the deceased person's estate.
Under Georgia law, individuals have the right to recover "the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived." O.C.G.A. S 51-4-1. The "full value" is not limited to those items having proven monetary value, such as lost earnings, but include the loss of intangible items whose value cannot be precisely quantified. In the end, the judge will tell the jury that the amount to be awarded should be determined by their "enlightened conscience."
In addition to a claim for "wrongful death" for the full value of the person's life, the estate of the person also has a right to seek recovery for pain and suffering, if appropriate, and for economic losses such as medical and funeral expenses. Depending on the circumstances, a claim for punitive damages may also be brought.
Since insurance companies have vast experience in evaluating personal injury claims and will seek to obtain the lowest settlement possible, it is important to have a person with considerable experience dealing with insurance companies on your behalf. Generally, it is best to retain an attorney who regularly handles wrongful death claims and will be prepared to institute litigation on your behalf if the insurance company is unwilling to settle your claim for a fair value.
Please contact us at 706.265.7766 or fill out the "Free Case Evaluation Form" at right.
Wrongful Death Involving a Motorcyclist
Motorcyclists are 26 times as likely to suffer a wrongful death in an auto accident as passenger car occupants. In 2002, motorcyclists represented 8 percent of the total traffic fatalities, 9 percent of all occupant fatalities, and 2 percent of all occupants injured. However, motorcycles only made up 2 percent of all registered vehicles in the United States and accounted for only 0.3 percent of all vehicle miles traveled. These statistics are from the National Center of Statistics and Analysis. However, a person only needs to speak with an experienced motorcycle rider to understand the risks faced by a motorcycle involved in an auto accident.
Unfortunately, motorcycle accidents regularly occur because automobile drivers are not vigilant in maintaining a lookout for motorcycles. This is despite the many safety precautions taken by motorcyclists when driving. As the above statistics indicate, in an accident between a motorcycle and automobile, the motorcycle generally loses the battle. Unfortunately, these types of collisions are all too common on our roads and interstates today. The investigation of these accidents is made more complicated by the inherent bias that often exists with members of law enforcement and the public against motorcycles.
The severe, debilitating and permanent injuries that arise from motorcycle accidents with automobiles and trucks result in significant financial losses to the individuals involved and their families. However, the law provides an injured person with the right to recover his or her damages from the responsible party. Such damages include, but may not be limited to, medical expenses, lost wages, funeral expenses and other economic losses. Individuals are also entitled to recover for the pain and suffering caused by their injuries and treatment. The spouse of the injured person is entitled to recover for the loss of the services of his or her spouse. Although a monetary recovery can never repair the damage that is done to the individual, it can at least ease the financial burdens created by the car accident.
The insurance company for the automobile or truck will start an investigation
of the motorcycle accident immediately. The insurance company will try to limit
the recovery of the injured motorcycle rider to the lowest possible amount.
Accordingly, these companies have established very specific and elaborate procedures
on handling motorcycle accident claims, especially in the early stages of the
claim.
Immediately after a motorcycle accident, the insurance company will take recorded
statements from the persons involved in the motorcycle accident, have the motorcycle
and auto examined, have photographs taken, obtain the police report and try
to establish the extent of the injuries suffered in the motorcycle accident.
The insurance company is usually able to accomplish all of these items within
the first week after the motorcycle accident and many of them within the first
24 hours after an accident between a motorcycle and an auto or truck.
When a person is injured in a motorcycle accident, it very often takes months to completely assess the person's injuries. At that point, the person may need surgery or other extensive treatment. The injuries may leave the person permanently disabled even after corrective surgery. Therefore, the true value of a claim from a motorcycle accident can only be assessed after a physician has established a firm prognosis.
There are other significant issues that develop for persons injured in a motorcycle
accident with a car or truck. For instance, if your health insurance company
pays for your medical bills they will very often seek reimbursement from your
settlement with the insurance company or company for the auto or truck. There
are significant limitations on their right to obtain such reimbursement.
The responsible driver may have the right to coverage from insurance policies
of family members, an employer, a rental car company or from an "umbrella"
policy. In addition, other unknown persons or entities may also have liability
for the collision. For instance, if the road or a light was defective, a government
agency may share responsibility for the collision. Further, your own insurance
policy may provide you with additional coverage for your injuries from a motorcycle
accident.
Determining the appropriate value of a claim for personal injury from a motorcycle accident involving an auto or truck is complicated. It involves evaluating the nature and extent of the injury, the economic losses that are recoverable, and the liability issues related to the motorcycle accident. The location where a trial would take place and any prior injuries suffered by the claimant are issues that are also factored into any evaluation of a personal injury claim.
Insurance companies for automobiles and trucks have vast experience in evaluating personal injury claims from motorcycle accidents and will seek to obtain the lowest settlement possible. Therefore, it is important to have an attorney or lawyer with considerable experience dealing with the insurance company on your behalf. Generally, it is best to retain an Atlanta motorcycle accident lawyer or attorney who regularly handles personal injury claims involving motorcycles. Your attorney or lawyer must be prepared to institute litigation on your behalf if the insurance company is unwilling to settle your claim for a fair value.
Please contact us at 706.265.7766 or fill out the "Free Case Evaluation Form" at right.