If your loved one was killed in an auto accident that was caused by someone else’s negligence, you could be entitled to recover compensation through a wrongful death lawsuit. Below, we will review the steps in a wrongful death lawsuit and what you can do if your loved one has died from a car accident that wasn’t their fault.
What Is a Wrongful Death Lawsuit?
In Georgia, wrongful death is defined as;
the death of a human being results from a crime, from criminal or other negligence, or from property which has been defectively manufactured, whether or not as the result of negligence.
If someone is killed in an auto accident that was caused by the negligence of another motorist, they can be held accountable for their negligence through a wrongful death lawsuit.
A wrongful death lawsuit is a type of personal injury lawsuit that allows the family members of the victim to recover compensation from the at-fault party for their financial and non-financial losses. While the defendant in a wrongful death case can face criminal consequences for their actions (for instance, vehicular homicide), wrongful death lawsuits are handled in civil court, and the “penalty” is strictly financial.
In Georgia, you typically have two years to file a wrongful death lawsuit. If you fail to take legal action within this time frame, you will most likely be unable to seek financial relief through the court system.
Who Can File a Wrongful Death Lawsuit?
In Georgia, there are a number of individuals who have a legal right to file a wrongful death lawsuit on behalf of their deceased loved one.
The individuals eligible to obtain a wrongful death settlement from a fatal car accident are specified in Georgia Code § 51-4-2. They include:
- Surviving spouse of the deceased – If the deceased person has a surviving spouse, the spouse is entitled to file a wrongful death lawsuit
- Surviving children of the deceased – The living children of the deceased person can file a wrongful death lawsuit if there is no surviving spouse
- Surviving parents of the deceased – If the deceased’s parents are still alive and the deceased doesn’t have a living spouse or children, their parents have a right to file a lawsuit
- Executor of estate – If the deceased person has no surviving spouse, children, or parents, their estate administrator can file a wrongful death lawsuit. If the lawsuit is successful, the money will go into the estate and be distributed to the deceased person’s closest relations
Other family members, such as siblings, are not allowed to file a wrongful death lawsuit on behalf of the deceased person. While they can make a claim, they must do so through the individual who is legally entitled to sue or through the executor of the estate.
Steps After Someone Has Died in a Car Accident
This is the general process for pursuing a wrongful death lawsuit in Georgia after a loved one has died in a car accident:
- Build a case – The first thing you should do is meet with an experienced Georgia wrongful death lawyer to discuss your case and legal options. If your lawyer determines that you have cause to file a lawsuit, they will begin investigating and gathering evidence to support your case.
- Negotiate a settlement – Your attorney will work with the at-fault party or their representative and attempt to resolve your case by negotiating a settlement. Many wrongful death cases are settled before the case is sent to trial, since going to court can be time-consuming and costly for both parties. However, sometimes going through the legal system can be the best option, especially if settlement negotiations break down or the two parties cannot agree on a fair amount.
- Prepare for trial – If settlement negotiations fail, your attorney will file a complaint on your behalf and begin preparing for trial. The complaint will be served on the at-fault party (now the defendant). During the “discovery” phase of litigation, both legal teams will turn over all of the evidence they plan to present at trial. Your attorney will scrutinize the defense’s evidence and use their findings to strengthen your argument. Your attorney may also interrogate witnesses or hold depositions during discovery. Some wrongful death lawsuits are settled between the date the lawsuit is filed and the court date, in which case your lawsuit would not proceed to trial.
- Present your case in court – If the two parties still cannot reach a settlement, then both sides will argue their cases before a judge or jury. The judge or jury will then render a verdict.
If your lawsuit goes to trial, you should expect the liable party’s lawyers to downplay your personal losses for the sake of avoiding a large payout. Our auto accident attorneys will strongly argue that losing a loved one is an immeasurable loss, and that your family deserves to be fairly compensated for both the financial expenses and intangible losses you’ve suffered in the wake of your loved one’s death.
Types of Compensation Available through a Wrongful Death Lawsuit in Georgia
There are two categories of damages that can be recovered through a wrongful death lawsuit in Georgia: economic damages and non-economic damages. The court’s first priority will be to compensate family members for the value of their deceased loved one’s life. Some of these losses may be financial, while others are non-financial.
They include lost income and benefits that the deceased person would have provided if they had not passed away, as well as domestic services they would have performed. It may also include intangible losses such as loss of consortium (spousal intimacy), loss of companionship, love, care, guidance, and counsel.
The court will also attempt to compensate the family for any financial losses incurred by the estate in the wake of their loved one’s death. These losses may include medical costs incurred by the deceased person before they passed away, funeral and burial expenses, and other essential expenses.
Contact a Duluth Wrongful Death Attorney
If your loved one was killed in a car accident in Georgia, contact our Georgia wrongful death attorneys at Brauns Law Accident and Injury Lawyers, PC for a free consultation. Our compassionate lawyers will help you understand your rights, explain the legal process in greater detail, and work tirelessly to pursue justice through compensation on your behalf.
