What happens when someone dies in a car accident, and their loved ones are left to carry on? Figuring out a path forward after a family member’s unexpected death can be stressful and overwhelming. However, if another driver caused the accident, your family may be entitled to compensation.
Under Georgia law, families in these circumstances may seek compensation for their losses through a wrongful death claim. An attorney at Spiva Law Group can explain how a recovery can provide the financial support your family needs as well as some measure of justice after a tragic loss.
What Steps Should You Take at the Scene of the Car Accident?
If you’re at the scene of a fatal car accident, whether as a surviving passenger or a loved one arriving shortly after, you should consider taking a few actions immediately. These steps may help protect your family’s legal options while also preserving critical evidence.
First and foremost, stay calm and prioritize your safety. Once emergency services are on the way, try to do the following:
- Speak with responding officers and provide a factual statement
- Request the accident report number so you can access it later.
- Take photos or video of the scene, vehicles, and surroundings.
- Ask witnesses for their names and contact information.
- Make note of weather, traffic signals, and road conditions.
- Avoid discussing fault or liability with others involved.
Taking action after a fatal car accident involving a loved one can be challenging. A Georgia fatal car accident attorney can help you understand your rights if you’re unsure of what to do next.
What Types of Evidence Are Needed to Prove Fault in a Fatal Car Accident?
Strong evidence can make or break a wrongful death claim. After a fatal car accident, Georgia places the burden on the surviving family to show that another party was at fault. That means proving the other driver acted negligently or broke traffic laws. Strong evidence can help establish what happened and who should be held responsible.
Gather and preserve everything you can to protect your case, including the following:
- The official police accident report
- Photographs or video footage of the crash scene
- Dashcam or surveillance footage
- Eyewitness statements
- Vehicle damage assessments
- Medical examiner or coroner reports
- Toxicology reports or evidence of impairment
- Cell phone records
- Data from a vehicle’s black box
- Expert accident reconstruction analysis
Who Can File a Wrongful Death Claim?
Under Georgia law, only certain family members have the right to file a wrongful death claim. The order of priority begins with the surviving spouse. If there is no spouse, the right passes to the deceased’s children. If neither exists, the deceased’s parents may bring the claim. If no eligible family members are living, the administrator of the estate can file on behalf of the deceased’s next of kin.
Wrongful death claims seek compensation for the full value of the deceased’s life. Additionally, the estate may choose to file a survival action seeking compensation for expenses incurred between the accident and the deceased’s death.
What Damages Could Be Sought After a Loved One Dies in a Georgia Car Accident?
Georgia families can seek compensation for economic and non-economic losses through a wrongful death lawsuit and/or a survival action, including the following:
- Medical expenses related to the treatment of the deceased before their death
- Lost wages and benefits the deceased would have earned over their lifetime
- Loss of care or companionship felt by surviving family members
- Pain and suffering the deceased endured between the time of their injury and their death
- Funeral and burial costs, which can be recovered through the estate.
Does Georgia Have a Time Limit for Filing a Wrongful Death Lawsuit?
Georgia law establishes a strict deadline for families to file a wrongful death lawsuit. In most cases, the statute of limitations gives families two years from the date of death to file. If they fail to file a claim within that period, they may lose the right to recover compensation.
However, the deadline may be paused or extended in certain circumstances. For example, if a criminal case is pending against the at-fault driver, the two-year time period in which to file won’t begin until that case concludes. Still, it’s important to speak with a reputable Georgia wrongful death attorney as soon as possible to avoid missing critical filing deadlines.
How Can a Georgia Car Accident Lawyer Help Me with My Case?
Losing a loved one in a car accident is one of the most emotionally devastating experiences a family can endure. In the days and weeks that follow, you may feel overwhelmed by grief, confusion, and the pressure to handle legal, insurance, and financial matters you never anticipated.
You shouldn’t have to face these burdens alone. A Georgia car accident lawyer can step in to manage the legal process on your behalf and allow you the space to focus on your family, your healing, and your future.
From the moment they take on your case, your lawyer can take responsibility for the complicated and often stressful steps involved in pursuing a wrongful death claim. They can communicate with insurance companies, gather evidence, meet critical deadlines, and represent your family’s interests with clarity, compassion, and care.
While no legal action can undo the loss you’ve experienced, having a lawyer on your side can make the path forward less overwhelming and more manageable.
Contact a Georgia Car Accident Lawyer
If you and your family recently lost a loved one in a car accident someone else caused, turn to the team at Spiva Law Group for the legal support you need. Our wrongful death lawyers have been fighting for the rights of Georgia survivors and injury victims since 1984, and we’ve recovered over $500 million for our satisfied clients. We have five attorneys and a fully equipped support staff ready to meet the needs of your case.
Contact our office today to arrange a free consultation with a results-oriented Georgia wrongful death lawyer. Your case review is fully confidential, and you will pay nothing unless we successfully resolve your matter.
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