In the wake of losing a loved one, you may feel lost or unsure about what steps to take next. Here’s a straightforward guide crafted to help you protect your rights and seek justice while giving yourself room to grieve.

1. Call Emergency Services And Collect Critical Evidence: Your immediate priority in the aftermath of a fatal accident should be to call for emergency assistance and ensure all necessary reports are documented. If you’re able, take steps to gather key evidence, such as photographs of the scene, witness contact details and a copy of the incident report.
2. Determine If You’re Eligible To File A Case: Georgia law specifies a clear order of priority for filing wrongful death claims. It’s crucial to know who in the family hierarchy has the legal standing to take action:
   • Surviving Spouse: If the deceased was married, their spouse has priority and must also include compensation that benefits minor children.
   • Children Of The Deceased: In the absence of a surviving spouse, the decedent’s children may collectively file the lawsuit.
   • Parents Of The Deceased: If the decedent left no spouse or children, their parents may pursue a claim.
   • Estate Representative: When no close family exists, the estate’s executor can file a claim for the benefit of the deceased’s estate.
3. Seek Guidance From A Skilled Wrongful Death Attorney: Confronting the legal complexities of a wrongful death claim on your own can be stressful and confusing. With over 30 years of experience, Richard Hobbs and his team in Fayette County bring compassionate support and in-depth legal knowledge.They can handle challenging aspects of the process, such as filing the claim, liaising with insurance companies, and gathering the evidence needed to secure the compensation your family deserves.
4. Preserve All Relevant Evidence: Compiling and preserving thorough evidence is critical to proving fault and calculating damages in a wrongful death claim. Relevant evidence for a wrongful death claim may include:
   • Police or incident reports
   • Medical and autopsy records
   • Witness statements
   • Photographs of the scene or surveillance footage
   • Documentation of the deceased’s financial support and contributions
5. File The Wrongful Death Claim On Time: You have two years from the occurrence of the wrongful death incident to file a claim. There are exceptions to this timeline, such as delays due to criminal investigations, but these are rare. Failing to act promptly may result in losing your right to file a lawsuit.

Not only does Georgia’s two-year statute of limitations place a firm limit on filing, but key evidence and witness statements become harder to obtain as time passes. Starting your claim early also provides your family with faster access to answers and compensation, alleviating some of the financial burdens you may now face.

Understanding The Local Community In Fayette County, GA

Fayette County’s close-knit communities deserve legal advocates who know the area and understand its judicial nuances. Familiarity with local processes gives our firm an edge in presenting your case efficiently and effectively, ensuring strong communication with judges and officials in our court system.

Contact Richard D. Hobbs & Associates Today

There’s no preparation for the pain of losing a loved one unexpectedly, especially when someone else's carelessness caused their death. At Richard D. Hobbs & Associates, P.C., we know this is one of the most challenging times your family will ever face.

Let us lighten your load by shouldering the legal complexities so you can focus on mourning and healing.

Call us today at (770) 716-0200 for a free consultation.