Fatal Car Accidents in Georgia
Aug. 30, 2022
According to statistics from the Georgia Department of Transportation (GDOT), there were about 1,588 fatal accidents statewide in 2020. The death of a family member can be extremely painful and overwhelming, especially if it was caused by another person's negligent actions. Thankfully, Georgia's wrongful death laws allow families of the deceased person to hold the liable parties responsible and seek compensation for their losses.
If you have lost a loved one to a fatal car accident caused by a negligent party, you may be eligible to recover damages by filing a wrongful death claim. At Chambers & Aholt, LLC, we have the experience and resources to assist and represent the families of fatal car accident victims during this incredibly difficult period. Our highly-skilled Georgia personal injury attorneys will advocate for your best interests and help you hold those responsible for your loss accountable.
Chambers & Aholt, LLC is proud to serve clients across Decatur, Georgia, and surrounding areas throughout Floyd, DeKalb, Douglas, Gwinnett, Fulton, Clayton, Polk, and Cobb counties.
Common Causes of Fatal Car Accidents
A fatal car accident is a traffic crash that results in another person's death. Some common causes of fatal car accidents include:
Reckless or aggressive driving
Driving while under the influence of alcohol or drugs
Poor weather conditions
Failure to obey traffic rules, traffic lights, and stop signs
Failure to yield
If you believe that your loved one's death was caused by a negligent party, you need to reach out to an experienced wrongful death attorney immediately. Your legal counsel can evaluate your unique situation and determine the best way to proceed with your wrongful death claim.
Filing a Personal Injury Claim
Under Georgia's at-fault laws, the driver who caused the accident (the at-fault driver) may be held civilly and financially liable for medical expenses, lost wages, pain and suffering and other accident-related losses sustained by an accident victim prior to death. If the accident victim should die as a result of his or her injuries, the personal injury claim passes to that person's estate and can be pursued by an estate representative following appointment by a probate court. However, in addition to a claim vested in the decedent's estate, a surviving family member may be entitled to bring a wrongful death claim that is a separate cause of action or claim that focuses on the full value of the decedent's life that was cut short due to the negligence of the at-fault driver. A jury will be asked to award damages for both economic and non-economic losses. Income that a decedent would have earned during his or her life expectancy is an example of a recoverable economic loss. Recoverable non-economic losses can include the loss of the intangible aspects of life such as joy, relationships, contentment and the simple pleasures of life.
Filing a Wrongful Death Claim
The following persons may be eligible to bring a wrongful death claim in Georgia:
The decedent's surviving spouse
If there is no surviving spouse, the decedent's surviving child or children
If there is no surviving spouse or children, the decedent's parents
If there is no surviving spouse, children, or parents, the executor or administrator of the deceased person's estate can pursue a claim for the benefit of the decedent's next of kin.
Under Georgia laws, a wrongful death action must be commenced within two years of the victim's death. An experienced attorney can help you understand the damages that may be recovered and ensure that you file the wrongful death claim as soon as possible.
Damages You May Recover
The measure of damages that may be recovered under a Georgia wrongful death claim is dictated by statute. The measure of damages that can be recovered under Georgia law is unique as compared to other states. In Georgia, the statutory measure of damages as discussed above focuses on the full value of the life of the decedent from the decedent's point of view without any deductions for necessary or personal expenses that a decedent would have incurred had he or she lived. Unlike wrongful death claims in other states, Georgia does not permit recovery for grief, mental suffering or loss experienced by a decedent's surviving family members.
A knowledgeable Georgia wrongful death lawyer can fight compassionately to protect your family's best interests and help you seek the financial justice you deserve.
Experienced Help When You Need It Most
Losing a loved one can be a heartbreaking experience. Such an unanticipated loss can affect you mentally, financially, and emotionally. Regardless, you don't have to suffer the challenges and financial liability all on your own. If you have lost a family member in a fatal car accident, you need to retain an experienced personal injury attorney to advocate for your legal rights and help you seek rightful compensation for your loss.
At Chambers & Aholt, LLC, our attorneys are dedicated to offering personalized legal counsel to clients in their fatal car accident cases. If you have lost a spouse, child, close relative, or parent due to another person's negligence, you may be able to recover damages. Contact Chambers & Aholt, LLC today to schedule a simple case assessment with reliable car accident lawyers. We're proud to serve clients across Decatur and the rest of Georgia, including DeKalb, Gwinnett, Douglas, Fulton, Clayton, Polk, and Cobb counties.