Can a Family Member 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 another driver’s negligence or wrongdoing caused your loved one’s motor vehicle accident, you may be wondering if you or a family member can sue for wrongful death.

Yes, certain family members can sue for wrongful death after a car accident. Contact John Foy & Associates now to speak with a Atlanta wrongful death lawyer who can guide you on the path of getting justice for your family member.

Wrongful Death Claims: a Brief Overview

Losing a loved one in a car accident is devastating. It can leave you feeling lost, overwhelmed, and unsure of your next steps. One option that you may consider is filing a wrongful death claim on behalf of your family member. Understanding wrongful death claims is essential in navigating this difficult time.

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.

In wrongful death claims involving car accidents, determining liability is crucial. This requires a thorough investigation of the accident, including gathering evidence, interviewing witnesses, and potentially consulting accident reconstruction experts. 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?

In Georgia, those who can bring a wrongful death are (in order):

• 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.

How Can a Spouse File a Claim for Wrongful Death?

The deceased’s spouse is the first person who can file a wrongful death lawsuit. If the deceased had children under 18 years old, the spouse could also bring the suit on their behalf. However, the spouse must receive at least a third of all damages from the claim.

To file a claim, a spouse will need to gather evidence and establish liability. This may involve collecting auto accident reports, witness statements, and any other relevant evidence. A wrongful death attorney can assist you in building a strong case and ensuring that your and the deceased person’s rights are protected. 

If the deceased person was not married or their spouse is deceased and didn’t have children, their surviving parents may file a wrongful death suit.

Who Else Other than 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?

If surviving family members of the deceased are bringing the wrongful death suit, the damages they can claim are meant to account for the full value of the loved one’s life. Those include tangible damages like:

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

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 for 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 Wrongful Death?

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.

How Long does the Family Member Have to File a Wrongful Death Lawsuit After the Accident?

Most wrongful death claims must be filed within two years from the date the loved one died. Therefore, it’s essential not to miss this deadline.

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, 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.

Contact John Foy & Associates for Help With Your Family Member’s Wrongful Death Case

Navigating a wrongful death lawsuit after the car accident death 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 for your loved one and ensure that your rights are protected. We’re here to fight for you, so get the Strong Arm and contact our personal injury attorney now.