Can a Family Member Sue for Wrongful Death After a Car Accident?

A family member can sue for wrongful death after a car accident. Losing a loved one in a car accident is a tragic event no family should have to endure. In addition to the emotional toll, there may also be financial burdens and uncertainties about the future. If a driver’s negligence or wrongdoing caused your loved one’s motor vehicle accident, a lawyer can help you seek justice.

An Atlanta wrongful death lawyer can provide compassionate legal counsel and fight to get the remedies you and your family need to cope with this tragic loss. Let’s take a closer look at whether a family member can sue for wrongful death after an accident and how an attorney can help you.

Understanding Wrongful Death Claims

Losing a loved one in a car accident is devastating. It can leave you feeling lost, overwhelmed, and unsure of your next steps. If your loved one has passed away in a crash caused by another person, it’s important for you to know that family members can sue for wrongful death after a car accident.

Wrongful death claims are legal actions that can be brought when the negligence or misconduct of another individual or entity causes a person’s death. In the context of car accidents, this typically means that the accident was caused by another driver’s reckless or careless behavior. 

To successfully pursue a wrongful death claim, you will need to prove that the other driver’s actions directly caused your loved one’s death. This requires a thorough investigation of the accident. It can be a complex and time-consuming process, but it is necessary to establish fault and hold the responsible party accountable.

Which Family Members Can Sue for Wrongful Death After a Car Accident?

Now that you know that a family member can sue for wrongful death after a car accident, you’re probably wondering which family members are eligible to seek remedies. In Georgia, those who can bring a wrongful death claim are:

• The deceased’s spouse
• Parents of the deceased
• A representative for the deceased’s estate

The laws for wrongful death cases are different than they used to be. In previous years, there was no way to sue for the death of a loved one. This left family members without a way to recover damages after losing a loved one. But today, wrongful death statutes make it possible for certain family members to sue for damages.

Who Else Besides Family Can File a Claim?

Besides a spouse, child, or parent, the last person who can bring the suit represents the deceased’s estate. The probate court appoints this person, and they would bring the lawsuit under their name.

However, any damages the representative wins from the suit would be held in the estate until they can get passed on to the surviving next of kin. Any loved ones who don’t fit into the categories above cannot sue for wrongful death on the deceased person’s behalf.

What Types of Damages Can a Family Member Sue for?

When a family member sues for wrongful death after a car accident, they can receive several helpful forms of compensation. Depending on your unique situation, you may receive any of the following economic damages from a winning suit:

• Medical bills from the last injury or illness caused by the car accident
• Lost wages
• Loss of income opportunity
• Funeral costs or burial expenses

Suing for Non-Economic Damages

Financial losses are easier to calculate because they include dollar amounts. However, a wrongful death suit can also include general damages that account for intangible losses like:

• Physical pain and suffering the deceased may have experienced before they died
• Mental anguish they may have suffered
• Loss of companionship or care
• A loss of consortium

Sometimes, the family member can also sue for punitive damages. The sole purpose of punitive damages is to punish the person at fault for doing reckless actions or actions with ill intent. An example of this could be a drunk driving accident. 

The drunk driver knew drinking and driving was extremely negligent and harmful to others, but they still got behind the wheel. Punitive damages are an attempt to change the behavior or punish what the at-fault driver has done in the event of a fatal accident.

What Must Be Proven for a Family Member to Sue for a Wrongful Death Car Accident?

A wrongful death case is similar to a personal injury case in many ways. For example, you must prove negligence in both types of cases. Negligence is based on the following facts:

• All people have a reasonable duty of care not to act in a way that harms other people
• If someone fails in that duty, they are negligent
• And if that negligence results in injury or death, the negligent person is legally liable for all damages (in other words, all costs or losses from the injury or death)

As long as you can prove the above, you can recover financial compensation for your loss. That said, proving negligence can be a difficult process. You’ll need a lawyer to prove your case and obtain fair compensation. Reach out to a lawyer to learn more about which family members can sue for wrongful earth after a car accident and get the help you need.

How Long Does a Family Member have to File a Wrongful Death Lawsuit After the Accident?

If you’ve lost a loved one in a crash, you should know how long a family member has to sue for wrongful death after a car accident. Most wrongful death claims must be filed within two years from the date the loved one died. If this deadline isn’t met, you could be denied the damages you’re looking for.

That being said, there are some situations where the time “pauses,” such as if there are court proceedings for a criminal case relating to the same events that caused the wrongful death case. In Georgia, the clock can pause for up to five years when family members are suing.

Don’t assume time will toll on the statute of limitations in every case. If you’re unsure about your case, contact a wrongful death lawyer to know the facts about your time limit on filing a fatal car accident case.

Don’t Accept the Initial Wrongful Death Settlement Offer

Insurance companies love to pressure families to settle for less and engage in bad faith insurance practices, even after a wrongful death. While money won’t replace the loss of a family member, it can help you recover and move forward with your life.

Don’t let an insurance company prevent you from getting the justice and closure you deserve. You shouldn’t accept their initial offers. Instead, file a legal claim and hold the at-fault driver liable for their negligent actions. An attorney can review settlement offers, negotiate a better payment, and fight for fair compensation in court.

How a Lawyer Can Help You File a Successful Wrongful Death Lawsuit

Filing a successful wrongful death suit can be an incredibly difficult and time-consuming process. Fortunately, a dedicated wrongful death lawyer can handle your entire case and work hard to get the damages you deserve. Here’s what an attorney can do to file a winning suit on your behalf:

• Investigate your loved one’s fatal car accident
• Gather police reports, medical records, witness statements, and other forms of evidence
• Use evidence to build a compelling civil suit
• Represent you in court and fight for a fair outcome
• Abide by the statute of limitations and other requirements
• Explain which family members can sue for wrongful death after a car accident
• Offer legal advice and guide you through the entire process

Schedule a Free Consultation with a Trusted Wrongful Death Attorney

Navigating a wrongful death lawsuit after the tragic loss of a family member is an emotionally challenging and complex process. It’s important to prioritize your emotional well-being and seek support during this difficult time. 

John Foy & Associates can provide the necessary skill, compassion, and support to help you seek justice and financial remedies. We’re here to fight for you, so get The Strong Arm™ and contact our law firm today. We’ll meet with you for a free consultation to offer further information on whether a family member can sue for wrongful death after a car accident.