Car crashes are a leading cause of accidental fatalities in Georgia. Sadly, each year, too many people in the state lose their lives to preventable wrecks. A grieving family has the right to pursue justice through a civil claim. Georgia’s wrongful death laws regulate the process. Here, our Warner Robins wrongful death attorney provides a comprehensive guide to fatal car crash claims in Georgia.
What is a Wrongful Death Car Accident Claim?
The Georgia Governor’s Highway Safety Office reports that there were 1,982 fatalities in motor vehicle collisions in the state in 2022. It is a terrible figure that marks a real tragedy. Notably, most deadly crashes in our region could and should have been stopped with the proper safety precautions. Indeed, many deadly accidents in Warner Robins and elsewhere in Georgia happen because of negligent or reckless driving, including violations like speeding, distracted driving, and impaired operation. When another party’s unlawful or careless actions cause a fatal crash, surviving family members have the right to file a wrongful death claim under Georgia law.
Note: A wrongful death claim is a civil cause of action intended to provide financial compensation for the “full value of the life” of the person who passed away. It is separate from any criminal case the state may pursue for vehicular homicide or DUI manslaughter.
Know the Law in Georgia: Wrongful Death Auto Accident
Grieving families should know that most wrongful death claims, including wrongful death claims for deadly motor vehicle crashes, are governed by state law. Here are some of the most important things to know about Georgia’s wrongful death statute:
- Who Can File a Claim: Under O.C.G.A. § 51-4-2(a), the right to file belongs first to the surviving spouse. If there is no spouse, the children of the deceased may file. When neither a spouse nor children survive, the decedent’s parents can bring the action. If no immediate family survives, the personal representative of the estate may pursue the claim.
- Two Types of Legal Actions: Georgia recognizes two separate but related claims after a fatal car accident. The wrongful death action compensates for the full value of the deceased person’s life, while the estate claim (survival action claim) can also be brought under O.C.G.A. § 51-4-5 in some cases. It seeks damages for medical expenses, funeral costs, and pain and suffering before death. Both claims can proceed concurrently.
- Statute of Limitations: Wrongful death claims are very much time sensitive in Georgia. The general deadline for filing a wrongful death lawsuit in Georgia is two years from the date of death, under O.C.G.A. § 9-3-33. However, the period can be tolled (paused) if a related criminal prosecution is pending or if the estate remains unadministered.
- Comparative Negligence Rule: Georgia follows a modified comparative negligence standard. A recovery is permitted so long as the deceased was less than 50 percent at fault for the crash. Any award is reduced in proportion to the decedent’s percentage of responsibility. If your deceased loved one is being blamed for a portion of his or her own deadly crash, our Warner Robins fatal accident attorney can help.
- Evidence and the Standard of Proof: Under Georgia’s wrongful death laws, plaintiffs (grieving families) must establish negligence by a preponderance of the evidence. These are fault-based civil legal cases. Common evidence includes police reports, crash reconstruction data, medical examiner records, and eyewitness testimony. A comprehensive investigation of a deadly accident is a must. Our Warner Robins, GA fatal crash lawyer can help.
How Much Compensation for Death in a Car Accident?
It depends. Although there is no amount of financial compensation that will ever be enough to make things right after a loved one’s fatal crash, it is imperative that your family is able to get justice and the maximum available financial support. There is no fixed or standard settlement value for a wrongful death car accident in Georgia. Instead, the amount is based on the “full value of the life” of the deceased. To be clear, that includes both economic and non-economic components.
- Economic Value: Economic value is calculated by projecting the deceased person’s expected lifetime earnings, employment benefits, and household contributions. Expert testimony from economists is often used to quantify lost wages, health insurance, and retirement value.
- Non-Economic Value: Non-economic value is the intangible aspects of life. Some of the most notable examples include the loss of companionship, care, guidance, and enjoyment of living. Georgia law expressly recognizes these as compensable harms, even though they cannot be precisely measured.
In addition, the estate may recover medical bills, funeral and burial expenses, and pre-death pain and suffering if the decedent survived for any period following the crash. Our Warner Robins, GA wrongful death lawyers can help you pursue all available damages.
Why Rely On Our Warner Robins Fatal Accident Attorney
The loss of a loved one to a fatal accident is a terrible tragedy. At Griffin Law Firm, P.C., we are a boutique law firm that is committed to fighting for justice, accountability, closure, and the maximum financial support for grieving families. Our testimonials and case results tell the story of how we can help in complex cases. We have an office right here in Warner Robins, and we know this community well. Our Warner Robins wrongful death lawyer handles fatal crash claims throughout the entire region, including in the zip codes of 31088, 31093, 31095, 31099, and 31098.
Contact Our Warner Robins Wrongful Death Lawyer for Car Accidents Today
At Griffin Law Firm, P.C., our Warner Robins wrongful death attorney is committed to fighting for justice for grieving families. If your loved one was killed in a motor vehicle collision, we are here to help. Contact us today for your free, no-obligation consultation. We provide wrongful death representation to grieving families in Warner Robins and throughout Houston County and Peach County, including in the zip codes of 31088, 31093, 31095, 31099, and 31098.