A fatal car accident is a devastating event that leaves families grieving and searching for answers. While no legal action can bring back a loved one, hiring an experienced car accident lawyer that serves Auburn, Opelika, East Alabama and West Georgia can help you seek justice and financial security during this difficult time. At Walton Law Firm, P.C., we understand the complexities of wrongful death claims and work tirelessly to ensure that families receive the compensation they deserve.
Why You Need a Lawyer After a Fatal Car Accident
When a car accident results in death, the legal process becomes more complicated. A wrongful death attorney can help you:
- Navigate Alabama’s Wrongful Death Laws
Alabama has strict wrongful death statutes, and compensation is awarded only in the form of punitive damages. Unlike other states that compensate families for financial losses, Alabama law focuses on punishing negligent parties. An experienced personal injury attorney can help build a strong case to maximize your claim.
- Handle Insurance Companies
Insurance companies often try to minimize payouts, even in tragic cases. They may offer a lowball settlement or dispute liability altogether. A skilled car accident lawyer can negotiate with insurers, ensuring you receive fair compensation for your loss.
- Investigate the Accident
Determining fault in a fatal car crash is crucial. Attorneys work with accident reconstruction experts, gather police reports, and collect witness statements to prove negligence or reckless driving caused the crash.
- Represent You in Court
If a fair settlement isn’t offered, a wrongful death lawyer can take the case to court and fight for justice on behalf of the deceased and their family.
How Insurance Works After a Fatal Car Accident
After a deadly car accident, multiple insurance policies may come into play. Understanding how these policies work can help families know what to expect.
- At-Fault Driver’s Liability Insurance
Alabama is an at-fault state, meaning the driver responsible for the accident must cover damages. If their policy limits are too low, the family may need to pursue additional legal action.
- Uninsured/Underinsured Motorist Coverage
If the at-fault driver lacks insurance, the victim’s uninsured/underinsured motorist coverage (UM/UIM) may provide compensation. This coverage can be vital in ensuring families don’t face financial ruin.
- Life Insurance Benefits
If the deceased had a life insurance policy, beneficiaries can file a claim to receive a payout. However, insurers sometimes delay or deny claims, making legal representation essential.
- Employer Benefits
If the victim was killed while driving for work, workers’ compensation death benefits may apply. A lawyer can help determine if this applies to your case.
Car Accident Statistics
In Alabama and Georgia, motor vehicle fatalities remain a significant concern. In 2022, Alabama reported 986 fatalities from motor vehicle crashes, equating to 19.5 deaths per 100,000 residents. iihs.org
Georgia, in the same year, experienced 1,797 deaths, with a rate of 16.7 per 100,000 residents.
Tragically, children are among those affected. In 2020, Alabama had an injury death rate of 25.7 per 100,000 children aged 1-19, ranking 39th in the nation. americashealthrankings.org
In Georgia, the child mortality rate is notably higher among youths aged 15-19, with boys experiencing nearly double the mortality rate of girls. americashealthrankings.org
When such a devastating event occurs, especially involving a child, navigating the legal and insurance complexities can be overwhelming. Engaging an experienced car accident lawyer is crucial to ensure that your rights are protected and that you receive the compensation you deserve.
Ready to discuss your case? Contact our The Fighter, Trip Walton and his experienced team of top car accident lawyers for a free initial case consultation*
Car Accident Fatalities Involving Minors: Understanding Wrongful Death Claims
The loss of a child in a car accident is an unimaginable tragedy. Unfortunately, motor vehicle crashes remain a leading cause of death among minors in Alabama and Georgia. In many cases, these accidents are caused by negligent drivers, defective vehicles, or hazardous road conditions—all of which could make the case eligible for a wrongful death claim.
How Wrongful Death Claims Work When the Fatality Is a Minor
A wrongful death claim for a minor operates differently than one for an adult. Since a child does not have financial earnings, the damages awarded are based on different factors, including:
- Punitive Damages in Alabama
- Alabama is unique in that wrongful death cases do not compensate for financial loss but instead focus on punitive damages to punish the responsible party. This means that proving recklessness or negligence is crucial.
- Only the personal representative of the child’s estate (appointed by the court) can file the claim, and any damages awarded go directly to the heirs under Alabama’s wrongful death statutes.
- Wrongful Death Damages in Georgia
- Georgia allows families to recover both economic and non-economic damages, including:
- Loss of companionship and love
- Medical expenses before death
- Funeral and burial costs
- Pain and suffering endured by the child before passing
- The claim can be brought by the parents or legal guardians, and if the parents are divorced, both have an equal right to file.
- Georgia allows families to recover both economic and non-economic damages, including:
- Determining Negligence
- If another driver was at fault—whether due to drunk driving, speeding, distracted driving, or reckless behavior—they can be held legally responsible.
- If the accident was caused by a defective vehicle or faulty car seat, a product liability lawsuit may be pursued against the manufacturer.
- Time Limits for Filing (To Learn More about Statutes of Limitations, Click HERE)
- In Alabama, families generally have two years from the date of death to file a wrongful death lawsuit.
- In Georgia, the statute of limitations is also two years, but extensions may apply in certain circumstances.
Losing a child in a car accident is devastating, and while no amount of compensation can replace a life, holding the responsible party accountable can provide a sense of justice. At Walton Law Firm, P.C., we are dedicated to helping grieving families navigate wrongful death claims with compassion and legal expertise. If you have lost a child in a fatal car accident, contact us today for a free consultation at (334) 321-3000.
Understanding Car Insurance Limits and Coverage Gaps
Car insurance policies come with specific coverage limits, which dictate the maximum amount an insurance company will pay in the event of an accident. If a driver carries only the state minimum liability coverage—such as $25,000 per person for bodily injury—this means that, regardless of the severity of injuries or even a fatality, the most the insurance company will pay is $25,000. Any damages beyond this amount become the financial responsibility of the at-fault driver, potentially leading to lawsuits or wage garnishments.
However, if the at-fault driver has no significant assets, no property, and no real ability to earn money, most attorneys and law firms will not pursue legal action against the individual. As the saying goes, “you can’t get blood from a turnip.” Even with a large judgment against them, collecting compensation from someone with no means to pay is often impossible. This is why having uninsured/underinsured motorist coverage is crucial—it protects you in cases where the at-fault driver’s coverage is inadequate or nonexistent.
In contrast, when you hear about million-dollar or multi-million-dollar settlements, these typically involve commercial vehicles, such as 18-wheelers, which are required by law to carry significantly higher insurance limits due to the increased risk they pose on the road, ensuring that victims of severe negligence—such as catastrophic injuries or wrongful death—have a better chance of receiving full compensation.
For individuals, carrying higher liability limits and considering umbrella policies can provide greater financial protection in the event of a serious accident.
Why Choose Walton Law Firm, P.C.?
At Walton Law Firm, P.C., we have decades of experience handling wrongful death claims in Alabama. Our compassionate legal team fights aggressively to hold negligent parties accountable and secure justice for grieving families.
If you’ve lost a loved one in a fatal car accident, don’t face the legal battle alone. Contact Walton Law Firm, P.C. today for a free consultation at (334) 321-3000 or visit our office in Auburn, AL. Let us help you seek the compensation you deserve.
