Tractor-trailers are sometimes referred to as "40 tons of Death on Wheels" due to their potential to cause severe accidents.
In 2021, there were more than half a million accidents involving semi-trucks. More than 120,000 of these collisions caused injuries or fatalities. To put that into perspective, that means there are more than 300 serious large truck accidents every day.
Losing a family member in a truck accident is very hard emotionally. You have no reason to ever anticipate something like this will happen so you do not plan accordingly. Now, you have many problems to solve, including:
- Planning the funeral
- Picking out a casket
- Securing a burial plot
- Finding and understanding the Last Will & Testament, assuming one was written
- Dealing with probate issues
- Handling unpaid bills
The insurance claims process can feel overwhelming in the face of so much loss and grief. Moreso if the person who passed away was the main provider or caretaker.
I am a lawyer who specializes in wrongful death cases involving trucks. To help you understand the wrongful death process after a truck accident, I have listed the main points legal experts look at in these cases.
1. Handling Funeral and Burial Costs
a. Insurance Coverage
First and foremost, we check to see if the decedent had any life insurance policies. These can often cover funeral and burial expenses. If the policy is a term life policy, it’s crucial to file a claim promptly.
b. Wrongful Death Claims
Next, we examine the insurance coverage for the responsible party, including the truck driver and the trucking company. We also check any car insurance for the vehicle the deceased was driving or riding in during the accident.
In Georgia, it is permissible to ask for a duplicate of every liability insurance policy relevant to the wrongful death claim from all companies, defendants, and insurance firms. This is authorized under the O.C.G.A. Section 33-3-28.
Keep in mind: if the truck operator was driving the semi-truck as part of their job duties with a freight company, you may have a possible claim against the freight company (and in certain states/circumstances, the insurance firm that covers the semi-truck). Hence, a comprehensive examination of the freight company and a detailed review of the implementation of federal rules for motor carriers is essential.
An in-depth inquiry at the initial stages forms the fundamental basis for constructing a claim. It's crucial to understand not only what needs to be investigated, but also who will aid you in this process. This is where expertise plays a significant role, along with having a law firm that is equipped with the necessary staff, tools, resources, and financial capacity to carry out these vital tasks.
c. Public Assistance and Funeral Assistance Programs
Certain local government programs and charitable organizations provide financial assistance for funeral and burial expenses. We will check out programs like Social Security's death benefits or local nonprofits for assistance with burial expenses. Hospitals and funeral homes may also have resources or suggestions for financial aid.
d. Payment Plans and Financing Options
Many funeral homes offer payment plans that can help ease the immediate financial burden. Additionally, some financial institutions offer personal loans or credit options specifically for covering funeral costs. We can discuss payment plans on your behalf with the funeral home, or look into an advance from a funding company.
2. Setting Up the Estate
a. Understanding Probate
Upon a person's death, their assets must be allocated through a lawful process referred to as probate. This can be complex, particularly in the absence of a will. A probate lawyer ensures that all matters are handled correctly and in accordance with the law. As attorneys who focus on wrongful death cases, we can help you find an estate lawyer to handle the deceased person's assets properly.
b. Identifying and Managing Assets and Debts
Before probate begins, the estate lawyer will gather a comprehensive list of the decedent’s assets and liabilities. This includes bank accounts, real estate, personal property, and outstanding debts. A review of the estate's finances ensures any debts are settled before passing assets to the heirs.
Debts owed by the deceased, including medical bills and credit card balances, need to be addressed to prevent problems or legal troubles.
c. Distribution of Assets
If there is a will, it will outline how the decedent’s assets should be distributed. If there is no will, state laws will determine the distribution. It is important to follow the decedent's wishes or state laws when settling their estate.
3. Emotional and Practical Support
The aftermath of a wrongful death is a heavy burden. While managing finances and legal matters, it's also crucial to seek emotional support. Consider counseling or support groups for those who have lost loved ones in similar circumstances. Many communities have resources available to help families through these challenging times.
Sarah Jett and I co-wrote two books, namely The Authority on Wrongful Death Claims in Georgia and The Authority on Tractor-Trailer Claims in Georgia. We talk about the importance of grief counseling to help you get through this difficult time. Please know there is no shame in asking for help.
So Who Do You Hire?
For more than three and a half decades, I've practiced law, focusing on personal injury and wrongful death cases. Typically, attorneys in this field operate on a "contingency fee agreement." This implies that the attorney's payment is contingent upon winning your case. There's no need for upfront retainers or charges per hour, phone conversation, or letter.
It's crucial to thoroughly comprehend an attorney’s contract conditions before affixing your signature. Remember, your attorney works for you. If you feel they aren't focusing enough on your case, set up a meeting to discuss your concerns. It's important to ensure you both understand the plan and timeline for your case.
Some lawyers are good at handling personal injury cases, but not all are good at keeping their clients informed. It's important to have a lawyer who updates you on your case. Good communication can make you feel more confident about the progress of your case.
Conclusion
Losing a loved one due to a careless truck driver is very painful. Planning funerals and managing estates while grieving requires careful help and support. Surviving family members can manage their responsibilities during this emotional time by exploring insurance, seeking compensation, using financial aid, and understanding probate procedures.
If you find yourself overwhelmed, don’t hesitate to call my law firm, Gary Martin Hays & Associates, to discuss your claim. We can help you understand and make smart decisions as you go through the wrongful death process while honoring your loved one’s memory.
We offer free, confidential discussions about your claim. If you decide to hire us, the process is easy. You don’t pay anything upfront, and we don’t charge by the hour or for meetings, calls, or letters. We only get paid if you win your case. If you don’t win, you don’t owe us anything at all.
If you have any questions or need personalized advice, feel free to reach out to us. We’re here to help you through this challenging journey.
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