How to Recover Compensation If Your Family Member Was Killed in a Georgia Car Accident

Losing a loved one in a Georgia car accident is a devastating experience that no family ever anticipates. In the midst of grief and confusion, you may also face financial strain, unanswered questions about what happened, and uncertainty about how to hold the responsible party accountable.  

If you have lost a family member in a fatal car or truck accident, our Atlanta car accident lawyers are here to guide you through every step of the process. We offer free, no-obligation consultations and will take the time to answer your questions with compassion and care. 

Key Points:

• Georgia wrongful death cases arising from car or truck accidents are typically paid by the at-fault driver or company’s insurance company. 
• Motor vehicle accident Insurance companies and Atlanta personal injury law firms measure monetary damages in a fatal crash case based on the “full value” of the life lost in the crash. 
• Other insurance policies, such as underinsured motorist coverage, may be available that can provide reimbursement greater than the at-fault driver’s primary insurance. 
• Large businesses, such as trucking or delivery companies and retailers often have excess insurance coverage or assets from which a settlement or verdict may be paid. 

Table of Contents

What is a Georgia Wrongful Death Claim? 

If someone’s negligence caused a fatal accident, family members of the deceased driver, passenger, or pedestrian may file what is known as a "wrongful death" claim against the at-fault driver or company under O.C.G.A. § 51-4-2.  

While no amount of money can heal the pain of losing someone dear, these claims ensure that negligent parties are held responsible and that families have the resources they need to begin rebuilding their lives. 

How to File a Wrongful Death Claim in Atlanta, Georgia 

Filing a wrongful death claim in Atlanta involves several legal and procedural steps that can feel overwhelming during already emotional times. Knowing who has the right to file and when to act is essential to preserving your family’s right to compensation. 

Who Can File a Claim 

Under Georgia law, the wrongful death claim must generally be filed by a close family member of the deceased. The hierarchy of who can file is as follows:  

• The surviving spouse 
• If no spouse, the deceased’s children 
• If no spouse or children, the deceased’s parents 

If there are no surviving immediate family members, the administrator or executor of the estate may file the claim on behalf of the heirs. 

Who Can Recover Compensation 

The individuals entitled to recover compensation depend on who files. For example, when a surviving spouse files, children share in the recovery equally, though the spouse receives no less than one-third. If an estate claim is filed, the proceeds are distributed according to Georgia’s intestacy laws or the deceased’s will. 

Your car accident wrongful death lawyer can explain who may recover compensation and how any settlement or award would be divided among your family.  

Making an Insurance Claim 

The first step to recovering compensation after a fatal Atlanta car crash is usually to file a claim with the at-fault driver’s auto insurance carrier. Your attorney can assist in submitting documentation, including accident reports, evidence of negligence, loss calculations, and proof of relationship.  

In cases involving commercial vehicles, you may also need to file with corporate insurers or additional umbrella policy providers.  

If underinsured or uninsured motorist coverage applies, claims should be filed with the deceased’s or your family’s own insurer. 

Time Limit for Filing a Lawsuit 

Georgia’s statute of limitations, found at O.C.G.A. § 9-3-33, gives most families two years from the date of death to file a wrongful death lawsuit. Estate-related claims, such as those for medical expenses or funeral costs, usually must be filed within two years of the estate’s formal appointment. If families do not file within the statute of limitations, they may lose the right to recover compensation. 

Families also need to be aware of any deadlines for filing an insurance claim. Most insurance policies require that notice of a potential claim be provided within a reasonable time after the accident. Failing to report the claim promptly can jeopardize your ability to recover compensation, so it’s important to notify the insurer as soon as possible. 

What Damages Can be  Recovered in a Georgia Fatal Accident Case?  

In Georgia, family members may recover the “full value” of the life of their loved one.  Damages in a wrongful death case involving a car accident may include: 

• The full value of the life lost (this amount can be in the millions of dollars) 
• Funeral costs 
• The deceased’s pain and suffering prior to death 
• Lost future wages that the deceased may have otherwise contributed to the family 
• Loss of the deceased’s future family life, love, and companionship 
• Loss of the deceased’s contribution in the raising of any children 

It can be immensely difficult to put a dollar amount on damages such as  pain and suffering and the loss of a loved one's future of love and companionship. A skilled fatal accident lawyer can accurately calculate the value of damages and ensure that policy limits and, when appropriate, additional compensation are obtained. 

Whose Insurance Pays After a Fatal Collision in Atlanta? 

In most cases, the at-fault driver or that driver's employer is responsible for paying settlement compensation or a monetary award in a Georgia wrongful death case. This payment is usually made through the auto insurance company of the driver or business. 

In cases where the at-fault policy limits are low, the deceased's or, in some cases, their family's under-insured or uninsured motorist coverage may provide an additional insurance payment. 

What Is a Survival Claim and How Is It Different from a Wrongful Death Claim? 

In addition to a wrongful death claim, O.C.G.A. § 9-2-41 also allows families to bring what’s known as a survival claim after a fatal accident. While a wrongful death claim compensates surviving family members for the full value of the life lost, a survival claim is designed to recover damages that the deceased person personally experienced before passing away. 

A survival claim is filed by the representative of the deceased’s estate, not directly by family members. It covers the period between the accident and the person’s death. Damages that may be recovered include: 

• Any medical expenses 
• Lost wages 
• Pain and suffering the victim endured 

These funds become part of the estate and are later distributed to heirs according to the will or Georgia’s inheritance laws. 

Deadline for Filing a Survival Claim in Georgia 

In Georgia, a survival claim must be filed by the representative of the deceased’s estate within a strict statute of limitations. Generally, the survival action must be filed within two years from the date of the injury that led to death, not from the date of the death itself. 

If the deceased lived for some time after the injury, the clock still starts on the date of the accident or injury, not the passing. In cases where no estate representative is immediately appointed, O.C.G.A. § 9-3-92 allows a tolling period of up to five years to appoint an administrator, but the survival claim cannot be filed more than seven years after the death (including the tolling period).  

Given these deadlines, families should act promptly to protect their rights. Consulting an attorney early can help you protect your family’s right to recover compensation for yours and your loved one’s losses.