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Steps of Filing a Wrongful Death Claim After a Fatal DUI Accident in Atlanta (Part B)

After you have contacted an Atlanta auto wreck attorney about handling your wrongful death claim and suing the person whose decision to drive drunk cost you your loved one, you will have to take a few steps in order to secure the car accident lawsuit settlement amount you need to offset the full financial burden of the costs you’ve incurred. 

After you have determined that you are eligible by law to pursue a wrongful death claim against the driver who was responsible for the accident that caused your loved one’s death and you have contacted an attorney about doing so, you will file a Complaint – also known as a “Writ of Summons.” This formally commences the suing process, and the defendant (and his or her insurance company) will have an opportunity to respond to the Complaint. 

Next, the discovery phase begins, in which your attorney and the defense will submit written questions to both you and the defendant. These are called interrogatories, and after you submit them, both sides will generally request specific documents, such as:  

  • medical bills;
  • medical records; and
  • other pieces of evidence of vital importance to the case.  

After documents and written answers have been exchanged, depositions, or oral statements, are taken, and then the pre-trial litigation begins.

In the instance of an accident that was caused by a drunk driver, demonstrating negligence can be more easily accomplished if you have a copy of the police report that documents the steps taken by the police officers in determining that the driver was inebriated and therefore incapable of responsibly driving a car.

This is not, however, a guarantee, and you should speak with an attorney who has handled cases like yours before. You don’t have to go through the suing process alone; a lawyer is ready to lend you a helping hand. 

Contact an Atlanta Auto Wreck Attorney about a Wrongful Death Claim 

After a fatal accident caused by a drunk driver, you and your family may be dealing with the grief of serious injury, loss of a loved one, and financial burdens. During this difficult time it’s easy to get frustrated with your situation – you didn’t deserve to suffer due to the negligence of another!

The personal injury lawyers at The Law Offices of Shane Smith are lawyers who get it; we know the frustration our clients are experiencing when dealing with insurance companies and we work hard to help them get a fair car accident settlement amount.

Many of our clients don’t know how to hire a lawyer, so we offer 2 FREE guides, I Was Hit By a Drunk Driver: What Do I Do Next? and 10 Mistakes That Can Ruin Your Georgia Wreck Case. Our guides contain valuable information about suing for a car accident lawsuit settlement amount, how to protect your wrongful death claim, and how an Atlanta auto wreck attorney can help. When you’re ready to get started on your claim, contact us to set up a FREE consultation – 770-487-8999.


Shane Smith
Advocate for the Seriously Injured in Georgia