A fatal car accident is one of the most common circumstances that gives rise to a wrongful death claim in Georgia. Georgia’s wrongful death law does not depend on a particular type of accident. It applies whenever a person dies because of the negligent, reckless, or intentional act of another. A motor vehicle collision that results in death fits squarely within that framework.
This guide explains how Georgia wrongful death law applies when a death results from a car accident.
The Legal Basis for a Wrongful Death Claim
Georgia wrongful death claims are created by the Georgia Wrongful Death Act, found at O.C.G.A. Sections 51-4-1 through 51-4-5. The law allows a claim when the death of a person is caused by the wrongful conduct of another. A car accident caused by another driver’s negligence, such as speeding, distracted driving, failing to yield, running a red light, or driving under the influence, can support a wrongful death claim if that conduct caused a fatal collision.
The claim itself is a civil action. It is separate from any criminal charges, such as vehicular homicide, that the state might bring against an at-fault driver. A criminal case and a wrongful death claim can proceed independently, and the outcome of one does not control the other.
Who May Bring the Claim
Georgia law sets a specific order of priority for who may bring a wrongful death claim. Under O.C.G.A. Section 51-4-2, the surviving spouse holds the primary right to bring the claim and does so for the benefit of the spouse and the decedent’s children. If there is no surviving spouse, the decedent’s children, whether minor or adult, may bring the action.
If the decedent left no spouse and no children, Georgia law generally allows the decedent’s surviving parent or parents to pursue a wrongful death claim. If there is no surviving spouse, child, or parent, the administrator or executor of the decedent’s estate may bring the action, with any recovery held for the benefit of the next of kin. This order of priority does not change because the death resulted from a car accident.
What Must Be Proven
A wrongful death claim arising from a car accident is built on the ordinary elements of negligence. Generally, this means showing that the at-fault driver owed a duty of reasonable care, that the driver breached that duty, that the breach caused the collision, and that the collision caused the death. The standard is the same as in a non-fatal car accident case, except that the harm at issue is the death of the decedent.
Comparative Negligence and the Decedent’s Conduct
Georgia applies a modified comparative negligence rule under O.C.G.A. Section 51-12-33. In a fatal car accident case, the conduct of the decedent can be examined. If the decedent is found partly at fault for the collision, the wrongful death recovery is reduced by the decedent’s percentage of fault. If the decedent is found 50 percent or more at fault, recovery is barred entirely. Fault may also be apportioned among multiple parties when more than one driver or entity contributed to the crash.
Damages in a Fatal Car Accident Case
Georgia measures wrongful death damages by the full value of the life of the decedent. This includes an economic component, based largely on the decedent’s projected earning capacity over their expected working life, and an intangible component reflecting the value of living from the decedent’s own perspective.
A separate claim may be brought by the decedent’s estate under O.C.G.A. Section 51-4-5. The estate claim covers items such as the decedent’s medical expenses, funeral and burial expenses, and any conscious pain and suffering the decedent experienced between the collision and death. The wrongful death claim and the estate claim are commonly pursued together because they cover different losses.
The Two-Year Filing Deadline
Georgia’s statute of limitations for wrongful death actions is generally two years, as provided in O.C.G.A. Section 9-3-33. For a wrongful death claim, the two-year period generally runs from the date of death. When a collision and the resulting death occur on different dates, because the injured person survives for a time before dying, the wrongful death deadline is measured from the date of death rather than the date of the crash.
Certain circumstances can affect the running of the limitations period. For example, a pending criminal prosecution related to the death can toll, or pause, the civil deadline for a period, and delays in the appointment of an estate representative can also affect timing. Claims involving a government entity, such as a collision with a government vehicle, are subject to separate and often shorter notice requirements under Georgia’s ante litem notice statutes.
Insurance and the At-Fault Party
A fatal car accident case typically involves the at-fault driver and that driver’s automobile liability insurance. Georgia requires drivers to carry minimum liability coverage, and a wrongful death claim is often presented against the at-fault driver and resolved through insurance. Other coverage may also be relevant in some cases, such as uninsured or underinsured motorist coverage. The wrongful death claim itself, however, is against the responsible party, not directly against an insurance policy.
Summary
A wrongful death lawsuit can be filed for a fatal car accident in Georgia when the death was caused by another party’s negligent, reckless, or intentional conduct. The claim is created by the Georgia Wrongful Death Act, may be brought by survivors in the statutory order of priority, and requires proof of the ordinary elements of negligence. Damages are measured by the full value of the life of the decedent, with a separate estate claim available for medical and funeral expenses and pre-death pain and suffering. The action is generally subject to a two-year statute of limitations measured from the date of death, with special rules for claims involving government entities.
Disclaimer
This article is provided strictly for general educational and informational purposes. It is intended to explain how Georgia law works as a matter of public legal education, and it does not constitute legal advice, a legal opinion, or a recommendation about any particular course of action. Reading this article, or contacting the website on which it appears, does not create an attorney-client relationship between the reader and any law firm, attorney, or author.
The law changes over time. Statutes, regulations, court rules, and judicial decisions discussed here may have been amended, repealed, superseded, or reinterpreted after the date of publication, and citations to specific code sections or cases reflect the law only as it was understood when this article was written. The application of any legal principle also depends heavily on the specific facts and circumstances of an individual matter, and outcomes vary from case to case.
For these reasons, no one should rely on this article as a substitute for advice from a licensed Georgia attorney who can review the particular facts involved. The author and publisher make no warranty, express or implied, regarding the accuracy, completeness, timeliness, or applicability of the information provided, and disclaim any liability for any action taken or not taken based on this content.