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Law Offices of Shane Smith

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Q
My wife was a passenger in a car and was killed in a wrong-way accident. Can I file a wrongful death claim against the driver?

A

You most likely do have a Georgia wrongful death claim; however, there are many variables that could further define your case. Were two cars involved? Who was the at-fault party? Did drunken driving or distracted driving play a part in the crash? Depending on these answers, we can determine if you have a claim against the driver of the vehicle your wife was in or if the claim should be against the driver of the other car. Once the investigation is complete, it will be determined which party caused the fatal accident.

If the driver of the car your wife was in was at-fault, you would need to bring a claim against that driver. It may feel uncomfortable filing a personal injury claim or wrongful death claim against someone you know or that your wife knew. You may not want to be the one who sues someone else, but at the same time your family deserves justice, compensation, and closure. You have to remember that your wife’s friend, the driver, probably had insurance. Your claim is really against the insurance company and not your wife’s friend.

When you are left to mourn the loss of your wife, and your family has suffered a horrific loss, you most likely are entitled to a financial recovery for medical bills, funeral costs, lost wages, loss of companionship, and other damages. Even though your wife was the passenger, you should have a claim against the driver at-fault.

To understand all your legal options, please call a knowledgeable Georgia wrongful death lawyer at the Law Offices of Shane Smith to find out about your rights to compensation here at (770) 487-8999 for a free consultation today.

Shane Smith
Advocate for the Seriously Injured in Georgia