Losing a loved one in a car accident is one of the most painful tragedies a family can face—especially when the crash was caused by someone else’s negligence. If your family member died in a fatal car accident in Georgia, state law may give you the right to file a wrongful death claim and seek justice. These claims help families recover compensation for the immense emotional and financial loss that follows a deadly crash.
Understanding your rights under Georgia law can be overwhelming while you’re grieving. This article walks you through the most important things to know about wrongful death lawsuits following a fatal car accident in Georgia, including who can file, what damages may be available, and how long you have to take legal action.
How Georgia Defines Wrongful Death After a Fatal Car Crash
Under Georgia law, a wrongful death occurs when someone dies as a result of another person’s negligent, reckless, or intentional conduct. For car accidents, this can include behavior like:
- Speeding
- Drunk or drugged driving
- Distracted driving (such as texting while driving)
- Failing to yield or obey traffic signals
- Unsafe lane changes
- Driving without proper vehicle maintenance (e.g., bald tires or faulty brakes)
The legal foundation for wrongful death actions is found in Georgia Code § 51-4-1 through § 51-4-6. These laws give certain surviving family members the legal right to bring a lawsuit against the party who caused the crash. Importantly, even if the at-fault driver wasn’t criminally charged, a civil claim may still be pursued to hold them accountable financially.
Who Can File a Wrongful Death Claim in Georgia?
Only specific family members are allowed to file a wrongful death lawsuit in Georgia after a fatal car accident. The law sets out a clear order of priority:
- The right to file a claim first goes to the surviving spouse. If there were children of the deceased, the spouse is supposed to represent the children’s interests and share any compensation with them. The spouse is guaranteed to receive at least one-third of any award, no matter how many children are involved (Georgia Code § 51-4-2).
- If there is no surviving spouse, the right to file goes to the deceased’s children.
- If there are no children or spouse, the deceased person’s parents may file the claim.
- If none of these relatives are alive, the administrator or executor of the deceased’s estate may bring the claim. Any compensation recovered would go to the deceased’s next of kin.
This structure means that not all loved ones—even those who were emotionally close—are legally permitted to bring a claim. If you’re unsure about your legal standing, it’s important to review your relationship to the deceased under Georgia law.
What Damages Can Be Recovered After a Fatal Crash?
Georgia allows families to seek two main types of compensation following a fatal car accident.
The first is for the “full value of the life” of the deceased person, as viewed from the deceased’s perspective. This includes:
- Lost income and benefits: What the deceased would likely have earned through work and investments during the remainder of their life.
- Lost care and services: Household contributions and other non-monetary services the deceased provided.
- Lost enjoyment of life: The value of missed experiences, relationships, hobbies, and milestones.
The second type of damages may be recovered by the estate and is intended to address losses suffered from the time of injury to the time of death, including:
- Medical bills related to emergency care after the crash
- Funeral and burial expenses
- Pain and suffering endured by the deceased before passing (Georgia Code § 51-4-5)
Together, these damages aim to provide financial relief and a sense of accountability for the tragedy that occurred.
Proving Fault in a Fatal Car Accident Case
To win a wrongful death claim after a fatal car accident, the burden is on your side to prove the at-fault driver or other party caused the crash through negligent or reckless conduct. Key elements include:
- Duty of care: Every driver in Georgia is expected to obey traffic laws and drive safely.
- Breach of that duty: This could involve any traffic violation or unsafe behavior, such as texting while driving or speeding.
- Causation: You must show that this breach directly caused the crash and led to the death of your loved one.
- Damages: You’ll need to demonstrate the impact of the death through emotional, financial, and practical losses.
Evidence such as police crash reports, witness statements, surveillance footage, vehicle damage reports, and expert testimony may all be used to support your claim. Depending on the complexity of the accident, accident reconstruction may also be helpful.
How Long Do You Have to File a Claim?
In Georgia, the statute of limitations for wrongful death claims after a fatal car accident is two years from the date the victim died (Georgia Code § 9-3-33). If you don’t file within that period, your claim may be permanently barred, even if it would otherwise be valid.
This two-year deadline has limited exceptions. For example:
- If the driver who is at fault faces charges, such as DUI or vehicular homicide, the civil statute of limitations may be paused until the criminal case is over.
- If the person bringing the claim is a minor, they generally have until two years after their 18th birthday to bring a claim.
It’s important not to wait until the last minute. The sooner you act, the easier it will be to collect crucial evidence and build a strong case.
Atlanta Wrongful Death Lawyer
Losing someone in a fatal car accident is heartbreaking—and when that crash was preventable, the pain is even harder to bear. If your loved one was killed in a crash caused by another driver’s negligence in Georgia, you deserve answers and justice. A wrongful death lawsuit won’t undo your loss, but it can hold the wrongdoer accountable and provide your family with financial relief.
To find out your legal rights and what steps you can take, contact Butler Kahn by calling (678) 940-1444 or contacting us online for a free consultation. Our Atlanta wrongful death lawyers are here to guide you with compassion and clarity.
