Does Your Family Get Money for Wrongful Death If You Die in a Car Crash?

Losing a loved one in a car accident is a huge deal and leaves families with emotional and financial burdens. In Georgia, if it happens because of someone else’s mistake, the family may be able to get compensation through a wrongful death claim.

This guide will cover everything families need to know about wrongful death claims in Georgia, including dealing with insurance companies and settlements or trials.

Why You Can Sue

Wrongful Death in Georgia

In Georgia, a wrongful death claim can be filed when someone dies because of someone else’s negligence or intentional act. This type of claim holds the responsible party accountable and provides financial relief to the deceased’s family.

The right to file a wrongful death claim belongs to the immediate family members of the deceased, which includes the spouse, children or parents. These claims are for economic and non-economic losses resulting from the death.

Wrongful Death Case Components

To win a wrongful death claim:

Negligence: The other party must have been negligent and their negligence must have caused the accident and death. This means showing the responsible party didn’t exercise reasonable care and that’s what caused the fatal event.

Causation: There must be a direct link between the negligent behavior and the death. This means the death would not have happened but for the defendant’s negligence.

Damages: The claim must show the family’s losses due to the death. These include economic damages like medical bills, funeral costs and lost wages and non-economic damages like pain and suffering, loss of companionship and loss of parental guidance.

Proving Negligence

In a wrongful death case, proving negligence is key. This means gathering evidence like police reports, witness statements and expert testimony to show the defendant deviated from what a reasonable person would have done in the same situation. The evidence must show that deviation caused the fatal accident.

Proving Causation

Causation requires a direct link between the defendant’s negligence and the death. The plaintiff must show the negligent act was the proximate cause of the fatal injuries. This usually involves a detailed investigation and expert analysis to show the death was a direct result of the defendant’s actions.

Calculating Damages

Calculating damages in a wrongful death case means assessing the financial and emotional impact on the surviving family members. Economic damages are tangible losses like medical bills and lost wages and non-economic damages are intangible losses like emotional suffering and loss of companionship. The goal is to get fair compensation for the full extent of the family’s loss.

Types of Compensation

Economic Damages

Medical Bills: Families can claim medical bills from the time of the accident until the deceased’s death. This includes emergency care, hospital stays, surgeries, medications and any other medical treatment related to the accident.

Funeral and Burial Costs: The costs of the deceased’s funeral and burial are also recoverable. This includes the funeral service, burial plot, casket and other related expenses.

Lost Wages: Lost wages means the income the deceased would have earned if they had lived. This includes the deceased’s salary, benefits and potential future earnings.

Loss of Benefits: Families can also claim the loss of benefits the deceased provided like health insurance, pension plans and other employment related benefits.

Non-Economic Damages

Pain and Suffering: This type of compensation is for the physical pain and emotional suffering the deceased experienced before death. It acknowledges the trauma and distress in their final moments.

Loss of Companionship: Families can claim compensation for the loss of companionship and emotional support the deceased provided. This is the impact of losing a loved one who was a big part of their lives.

Loss of Parental Guidance: For families with children, compensation may be awarded for the loss of parental guidance. This is the emotional and developmental support the deceased would have continued to provide to their children.

Filing a Wrongful Death Claim

Who Can File?

In Georgia, the right to file a wrongful death claim is usually reserved for the immediate family members of the deceased. This includes the surviving spouse, children and parents. If there are no immediate family members, the claim can be filed by a personal representative of the deceased’s estate.

The personal representative acts on behalf of the estate and ensures any awarded compensation is distributed according to the deceased’s will or state intestacy laws.

Deadline

The deadline to file a wrongful death claim in Georgia is usually two years from the date of death. This is a critical time frame as failing to file within this period will mean you lose the right to seek compensation. However, there are exceptions and circumstances that can extend or shorten this period like ongoing criminal proceedings related to the death. Consult with an attorney to know the specific deadline for your case.

Sad Woman on Couch

What to Do

Contact an Attorney: The first step in filing a wrongful death claim is to talk to an experienced wrongful death attorney. Legal representation is key in navigating the process and making sure all legal requirements are met.

Gather Evidence: Gathering evidence is a big part of building a strong wrongful death case. This includes getting medical records, police reports, witness statements and any other documents that can prove the accident and the negligence of the liable party.

File the Claim: The wrongful death claim must be filed in the proper court. This involves drafting and filing a complaint that outlines the facts of the case, the negligence of the defendant and the damages being claimed. The complaint must be specific and detailed to clearly state the basis of the claim.

Obstacles

Defendant’s Defenses: The defendant may raise various defenses to the wrongful death claim. Common defenses are that the deceased was partly responsible for the accident or that the accident was unavoidable. Anticipate and address these defenses to win the claim.

Insurance Company Tricks: Insurance companies will try to pay out as little as possible by disputing the damages or the liability of their insured. An experienced attorney can negotiate with the insurance company and advocate for a fair settlement that reflects the true loss.

Insurance and Settlements

Dealing with Insurance Companies

When you file a wrongful death claim, you will have to deal with insurance companies. Insurance companies are only looking to pay out as little as possible. They will use various tactics to challenge the claim like questioning the extent of the damages or disputing liability.

You need a knowledgeable attorney who can communicate and negotiate with the insurance adjusters. An experienced lawyer will protect your interests and make sure the settlement offered is fair.

Defenses

Insurance companies will use defense strategies to minimize their liability. They may say the deceased was partly responsible for the accident or that the accident was unavoidable. They may also try to impeach the evidence. Anticipate these strategies and prepare strong counterarguments. An experienced attorney will gather evidence, consult with experts and build a strong case to refute these defenses.

Settlement or Trial

Out-of-Court Settlement: Many wrongful death claims are settled out of court. Settlements can be faster and avoid the uncertainty of a trial. But insurance companies will offer lower amounts in settlements to avoid bigger payouts ordered by a court.

Court Verdict: If a fair settlement can’t be reached, the case may go to trial. A court verdict can mean bigger compensation but it also means more time, expense and the uncertainty of a jury decision. Your attorney will advise you on what’s best for your case.

Payment Options

Once a settlement or court verdict is reached, the payment structure is key.

Lump Sum: This is the most common, where the entire settlement is paid in one lump sum. It gives immediate financial relief and can cover big expenses right away.

Periodic Payments: In some cases, especially if the defendant can’t pay a lump sum, periodic payments can be arranged. This means a structured payment plan over a certain period to give the family a steady income stream.

Contact an Experienced Atlanta Wrongful Death Attorney ASAP!

If you have lost a loved one in a car accident due to someone else’s negligence, it is crucial to seek legal guidance as soon as possible. The complexities of wrongful death claims in Georgia require expert handling to ensure you receive the compensation you deserve.

Contact an experienced Atlanta wrongful death attorney today to discuss your case at 404-870-3557!

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