Our Atlanta Fatal Car Accident Attorney Team Supports You
While navigating your grief after the loss of a loved one, you may be overwhelmed by the planning of services. You may feel concerned about your finances and burdened by “what ifs.” You may question whether you have a legal claim and if talking to an attorney is something you can handle. At Mabra Law, we want you to know that we understand what you are feeling. We recognize the profound loss you feel. Legal support can help alleviate some of the stress you are dealing with. We are here to be your partner throughout your legal journey — ensuring you know your legal options, protecting your rights and fighting for justice for your loved one.
Compensation from a wrongful death lawsuit could provide you with financial resources following the death of a family member. Money does not erase grief, but recompense may ease the burden of a sudden passing. Let an Atlanta fatal car accident attorney with Mabra Law guide you during this difficult time. Our compassionate team is here to help you and your family through the healing journey.
Taking Legal Action When a Fatal Auto Accident Occurs
Losing a loved one in a fatal car accident is a harrowing experience for any family. While car accidents are common occurrences, the death of a loved one due to someone else's negligence or recklessness may qualify survivors to seek justice for their loss. No amount of money can undo the tragedy,but compensation can ease the significant financial burdens thrust upon a family when a loved one's life is tragically cut short.
At Mabra Law, we have extensive experience supporting survivors in their pursuit of justice and rightful compensation following the loss of a loved one due to another's wrongdoing. We empathize deeply with the emotional turmoil that accompanies such losses. We are dedicated to securing our clients the financial assistance they need during one of life's most challenging times.
To help you decide whether or not to seek legal counsel, we invite you to schedule a free consultation. During this time, we can answer any questions you have and determine what options may exist for your legal claim.
About Wrongful Death Lawsuits and Survival Actions in Georgia
When a person dies due to an act of negligence, there are two common types of legal recourse: wrongful death claims and estate claims.
A Wrongful Death Claim
A wrongful death claim provides compensation to a person’s surviving family members for the loss of that person and seeks to address the financial and emotional losses sustained by the deceased person’s surviving family members for the premature loss of that person. These monetary awards may cover the lost finances, earnings and responsibilities that the deceased person would have contributed to the household. Compensation for lost benefits such as health insurance or pensions may also be included.
A wrongful death claim may also address emotional damages stemming from the loss to the family members, such as affection, support, caregiving or intimacy.
An Estate Claim
An estate claim provides compensation to the estate of the person who dies due to an act of negligence for the final expenses of that person, which were incurred due to the negligent act, as well as any pre-death pain and suffering sustained by such person. The types of final expenses can include any medical care rendered to save their life, as well as funeral and burial expenses.
Final Medical Expenses
It is not unusual for a person to receive medical treatment before passing. This treatment may include emergency care after a crash or ongoing therapy in the following weeks. A survival action could cover the cost of this treatment.
Funeral and Burial Expenses
The estate is responsible for a person’s final expenses, such as funeral and burial costs. It is possible to recoup those expenses by filing a survival action.
Pain and Suffering
A survival action can result in damages based on pain and suffering. This compensation is based on the physical pain a person suffered from the moment of their accident until the date of their passing.
Lost Wages
When a person does not pass away immediately after a car accident, there may be a period between the collision and their death where they would have been employed. The estate can recoup these lost wages.
Who Can File a Wrongful Death Action and Estate Claim?
A wrongful death claim is asserted by the surviving immediate family members of the person, such as a parent, spouse or child. In an estate claim, only the administrator of the person’s estate has standing to assert the claim for final expenses and pre-death pain and suffering. If you are unsure if you qualify for either of these positions, a lawyer can help determine if you have the right to file a claim.
How an Atlanta Fatal Car Accident Attorney Can Help
The support of an attorney is crucial following a deadly car accident. Not only can the team at Mabra Law assist with pursuing legal action, but we can also provide compassion and guidance during one of the most challenging points in your life. Some of the ways an Atlanta fatal car accident attorney can help include:
Investigating the Cause of the Accident To Build a Strong Case
The first step in any wrongful death action is carrying out a thorough investigation. There are many angles to consider when determining how a fatal car accident occurred. Our lawyers begin with the police report. We will also speak with witnesses who might have seen the accident happen. Our investigation may include tracking down video or physical or physical evidence of the collision. We also will review any documentation that helps us determine what your case is worth.
Taking the Stress From Your Shoulders So You Can Heal
After the death of a close family member, you should not have to carry the burdens of a civil lawsuit. Now is the time to focus on dealing with your grief and support your family members. By putting your case in the hands of our skilled attorneys, you can rest easy knowing that justice is being done while you are free from worrying about the details.
Negotiating a Fair Settlement for You and Your Family
Negotiated settlements are commonplace in wrongful death actions. Often, there is no dispute over who was at fault. The negotiations primarily focus on the appropriate damages. Insurance companies are focused on reducing their obligations, often aggressively pushing lowball settlements. Our team works diligently to ensure you receive a fair settlement for the loss you and your family have sustained.
Communicating With Third Parties So You Don’t Have To
After a fatal car accident, you will likely receive mail and phone calls from various third parties, such as insurance adjusters. The communication can significantly compound the stress of losing a close family member. When you hire our firm, we are ready to advocate from day one. All communication regarding your case goes through us, which means we will deal with insurance companies and lawyers so you can rest and grieve.
Filing a Lawsuit to Get You the Compensation You Deserve
Many wrongful death lawsuits conclude with a negotiated settlement. However, a trial may be necessary when the defendant refuses to accept their role in causing a fatal car accident. A trial can also be warranted when the defendant lacks the resources to resolve their case. In either scenario, Mabra Law will file a lawsuit and guide it through the court system. From exchanging discovery to taking the case to trial, having a lawyer on your side can dramatically improve your chances of success. We’re not afraid of the courtroom, and if it is in your best interest, we will take your case to trial to ensure fair compensation.
How Much Does it Cost to Hire a Lawyer in Atlanta?
At Mabra Law, we handle cases on a contingency fee basis, meaning we only get paid if you do. We start working on your case immediately, taking on the financial risk ourselves. Instead of charging by the hour or asking for an upfront fee, we take a predetermined portion of your settlement. A percentage is agreed upon from the start and won’t change, no matter how much time we spend on your case. Our billing approach ensures that anyone can seek justice for their loved one, regardless of their financial situation. You don't owe us anything if we don't win your case. There is no financial risk in calling to learn about your legal options after the death of a loved one.
What to Expect During Your Free Consultation
Every consultation with an Atlanta fatal car accident attorney at Mabra Law is free. We understand you have questions about your legal rights and options, and we're here to keep you informed. Choosing the right attorney is crucial, and it's important not to base your decision solely on advertising. When you meet with our lawyers, you'll learn about the wrongful death process and discuss the specific facts of your case to understand what to expect.
- Discussion of background information - The lawyer will gather information about your family history and basic facts about yourself and the accident, such as dates, locations, and the type and make of the vehicles involved.
- Review of the accident - The lawyer will prompt you to share the details of your case, such as what happened and the resulting injuries and death. We know this can be a painful conversation. We allow you to take the time you need and provide support throughout, ensuring you feel comfortable and heard.
- Initial legal counsel - After hearing the facts of your case, we may be able to present an opinion about the strength and potential challenges we will face if we move forward with a lawsuit. We aim to be candid with you, sharing our legal counsel to help you make informed decisions about what’s best for you and your family.
- Explanation of next steps - We will review the next steps of the legal process, which is evidence gathering. Our team will explain who to contact to obtain the necessary paperwork and begin putting the pieces of your lawsuit together.
- Signing of paperwork and retainer agreement - We will present you with our contract and paperwork to formalize our role as your Atlanta fatal car accident attorney. We will also take this time to explain how our fees work (there is no cost to you!)
Our consultations are risk-free. There is no commitment made to move forward. It is an opportunity to get your questions answered and determine if you would like to move forward with exercising your legal right to compensation. By the end of the meeting, you will better understand your legal situation, understand our approach at Mabra Law, and be comfortable with the attorney working on your case.
Fatal Car Accidents Involving Children
When a minor child dies in a car accident, it's a heartbreaking situation that requires careful legal consideration. Under Georgia law, the rules for pursuing a wrongful death claim on behalf of the child vary depending on the parents' marital status:
- If the parents are married, both can pursue the wrongful death claim.
- If one parent has passed away, the surviving parent can pursue the claim.
- If the parents are divorced, legally separated. living apart or not a couple, each parent has the right to pursue the claim. If one parent is unavailable or unwilling to participate, the other parent can file on behalf of both.
Both parents can seek a wrongful death claim regardless of the child's birth status. The situation becomes more complex if one or both parents is injured or dies in the accident. At Mabra Law, we understand these nuances and can navigate the legal process effectively to ensure the claim is handled correctly and without complications.
Case Highlight: Mabra Law Secures $32.5 Million Settlement For Family After a Fatal Car Accident with a Tractor Trailer
Ronnie Mabra and his co-counsel team achieved a monumental $32.5 million settlement on behalf of the widow and four daughters of a U.S. Army veteran killed in a devastating collision with a tractor-trailer.
The heartbreaking incident unfolded in what could have been preventable circumstances: the tractor-trailer involved had not undergone regular inspections, was inadequately maintained, and lacked operational lights and reflective markers essential for visibility during nighttime. When the driver failed to yield while executing a left turn, the victim had no visual warning or opportunity to evade the oncoming tractor-trailer.
The $32.5 million settlement, finalized in January 2024, marks a historic achievement for justice and accountability. The settlement was reached before the case proceeded to a jury trial in Gwinnett County State Court, underscoring the compelling strength of the evidence and legal arguments.
Beyond the financial compensation awarded, the settlement stands as a testament to Mabra Law’s dedication and tenacity in advocating for those who have suffered profound loss due to preventable accidents. The outcome provides critical support to the family left behind and sends a powerful message about the importance of upholding safety standards and accountability within the transportation industry.
We invite you to review our recent results. Mabra Law has successfully represented hundreds of Gerorgians, and we can do the same for you.
How Your Attorney Proves Negligence in a Fatal Car Accident
For a person’s death to result in a viable case for compensation, there must be evidence that another party’s negligence was responsible. While this usually involves the other driver's actions, different parties might also contribute to the cause of the crash. There are four elements used to establish negligence in a wrongful death action. For your case to succeed, your attorney must prove these elements.
- Duty of Care. The duty of care is owed from the defendant to the deceased. This obligation might be in place based on the circumstances, the defendant’s profession, or by law. A wrongful death lawsuit is only viable if there is a duty of care in place at the time.
- Breach of Duty. Once the duty of care is established, the next step is to prove the defendant breached it, which means a person’s action or inaction resulted in a fatal accident that claimed the life of your loved one. Some common examples include driving while impaired or speeding.
- Causation. Evidence of causation means you have proof the death of your loved one is directly linked to the breached duty of care. This element is necessary to ensure a defendant is only liable for the damages for which they are directly responsible.
- Damages. The final element of negligence in a wrongful death lawsuit is damages. Compensable damages in these cases include loss of consortium, financial support and affection.
It may seem confusing, and you may be concerned that these elements don’t exist in your case, but remember that it is not your job to connect the dots. Our legal team will thoroughly evaluate your claim and determine where the negligence lies, given the facts of your case. Let our team help you build a robust case for negligence in a fatal car accident lawsuit.
It is Time to Pursue Justice – Contact an Atlanta Fatal Car Accident Attorney with Mabra Law Today
You should never have to deal with the loss of your loved one on your own. You need emotional support to process your grief and skilled legal counsel to help you manage the wrongful death claim.
The attorneys of Mabra Law are here to help you secure a measure of justice on behalf of your loved one. We can handle every aspect of your case to ensure you maximize your recovery. Contact us today for a free consultation.