Certain family members can sue for wrongful death after a car accident in Georgia. Losing a family member in a car accident leaves a gaping hole in the lives of the survivors. That loss is not only personal and emotional, but it may also be financial. Losing income on top of the bills for your loved one’s medical care and burial may be financially crippling.
If you lost a family member in a car accident caused by someone else’s negligence, you could collect damages for related losses. While money cannot replace your family member, it can help you stay financially afloat. A personal injury lawyer could guide you through the recovery process and secure damages.
Who Can File a Wrongful Death Lawsuit in Georgia?
Georgia has laws that clearly define which family members can file a lawsuit for wrongful death:
- O.C.G.A. § 54-4-2 states that the surviving spouse can file a lawsuit for the wrongful death of an adult. If there is no surviving spouse, then the child or children, including any children born out of wedlock, of the deceased could file a lawsuit.
- O.C.G.A. § 19-7-1 states that if a minor child dies, the parents together could file a lawsuit for the child’s wrongful death. If only one parent is living, the surviving parent could sue.
Our lawyers will go over your case and determine which family members have the right to sue for wrongful death.
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Damages Available After Losing Your Loved One to Wrongful Death in Georgia
Here are the damages that may be available to you if you lost a family member in a car accident:
- Medical bills for the care your family member received before passing away
- Pain and suffering experienced by your family member before passing away
- Burial and memorial expenses including the cost of the casket or urn, embalming or cremation services, memorial service, transportation, and more
- Loss of income including wages, retirement income, benefits, and more your family member would have earned had he or she survived
- Loss of support including household chores and maintenance, childcare, and other services your family member would have provided had he or she survived
Calculating the value of someone’s life can be challenging. Our lawyer will use receipts, bills, past wage statements, and more to estimate how much compensation you are entitled to for losing your family member.
What Our Wrongful Death Lawyers Can Do to Help Your Family
Seeking compensation for your loved one’s life can be exhausting, especially when you are grieving the loss of said family member. A lawyer can take over the burden of filing a lawsuit, so you can focus on healing and moving forward with your life. Here are some ways a lawyer can help:
- Investigate the car accident: We will investigate the car accident, looking for evidence that another party’s negligence caused it. We will collect traffic camera footage, cell phone records, toxicology reports, eyewitness statements, police reports, and more.
- Estimate the value of your losses: We will estimate the value of your personal injury case.
- Work with the insurance company: While you can sue, it might be in your best interests to secure an out-of-court settlement and avoid a lengthy trial. We will fight for a settlement that gives your fair compensation.
- File a lawsuit on your behalf: If we cannot negotiate a fair settlement, we will file a lawsuit on your behalf and seek compensation through litigation.
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How Long do I Have to File a Wrongful Death Lawsuit?
You do not have unlimited time to file a wrongful lawsuit after a car accident. O.C.G.A. § 9-3-33 sets the statute of limitations for wrongful death at two years. This means you generally have two years from your loved one’s passing, which may not be the date of the car accident, to sue the negligent party. There may be exceptions to this statute, so talk to our lawyer about when you need to file your wrongful death lawsuit.
Your attorney will determine how the law affects you. We will make sure you file your lawsuit on time.
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Kaine Law Is Ready to Help You Sue for Wrongful Death After a Car Accident
If you lost a family member in a car accident caused by someone else, you might be entitled to damages for funeral expenses, lost income, and more. Our lawyers at Kaine Law could help you recover damages for these losses and more.