How To Recover Compensation If A Family Member Was Killed In A Car Accident?


There is no compensation that can make up for the loss of a family member in a car accident. In such difficult circumstances, you need time to process what has happened and spend time with your family. At the same time, a car accident can leave family members overwhelmed with the expenses. The legal aspect of the crash is the last thing on their mind.

When it comes to car accident in Georgia, it all comes down to fault. This means the victim can seek compensation for all damages. If the victim has died, family members can file a claim on his behalf.


What to Do After Losing a Loved one in a Georgia Car Accident.

Unfortunately, insurance companies are not always fair to car accident victims and their families. They typically try to decrease the compensation amount and offer a low settlement.

To protect your legal rights, you need to demonstrate in the wrongful death claim that

  • The fatal accident was caused by other diver’s negligence
  • Your loved one’s death was caused because of the accident
  • Proof of the damages that you are claiming from the wrongful death claim

An experienced Atlanta car accident attorney can help you with all of this and reduce your burden.

Who can File a Wrongful Death lawsuit in Georgia?

When it comes to wrongful death, only certain people can file a lawsuit in Georgia. Close family members have the right to claim compensation for losing a loved one in car accident in Georgia. This includes:

  • The victim’s spouse: The decedent’s spouse is allowed to file lawsuit for wrongful death. For how long you have been married doesn’t matter, if your spouse has died in a car accident, you have the right to sue for wrongful death.
  • Children: In absence of a surviving spouse, victim’s children have the right to file a lawsuit. Whether you are a natural or adopted child you have standing to sue.
  • Parents: If the victim had no spouse or children, the parent could file a wrongful death lawsuit.
  • Estate Representative: The victim’s estate representative also has the right to file a lawsuit if the victim has no spouse, children, or surviving parents.

Types of Damages in Wrongful Death Claim

Monetary compensation to someone who has lost a family and going through the hardest time may not mean much.  But filing a wrongful death claim against the responsible driver is the only way to get justice for the deceased.

Although it is not easy to calculate the amount for this loss. The courts look at the different factors to compensate the family members for the financial and personal impact of losing a loved one.

There are two types of damages in a wrongful death claim – financial losses and non-economic damages. The financial losses include any property damage suffered and compensation for the income of your family member.

The different damages that you can demand include burial and funeral expenses, emotional grief, loss of consortium, and loss of companionship.

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If you have lost a family member in an accident in Georgia, contact Karma Law Injury today. Our accident attorneys in Atlanta, GA help injury victims, and their families get the compensation they deserve.

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You must file your claim within two years from the accident date.
Failure to meet this deadline may result in losing your right to recover damages.