The average wrongful death settlement for car accidents in Georgia is anywhere between $7,000 and $2 million. While this might seem like a wide margin of compensation, it makes sense given that the severity of the accident and the financial impact on surviving family members all contribute to how much is awarded in any given case.
Such factors that affect this payout include:
- The severity of the accident
- Victim’s age and earnings
- Medical expenses before death
- Loss of financial support
- Non-economic damages:
- Punitive damages
We will cover these aspects in more detail down below.
Need help with compensation for a death in a car accident in Georgia?
If you need help with compensation for a death in a car accident in Georgia, our experienced wrongful death attorneys are here to guide you. We operate throughout Georgia, including Atlanta, Savannah, Augusta, and surrounding areas.
Our team is committed to helping you seek the compensation you deserve.
Find out how a compassionate Augusta car accident lawyer on our team can help with a wrongful death suit today.
Average payout for a car accident death in more detail
When it comes to wrongful death settlements in car accidents, the average payout can vary significantly depending on the following factors:
| Type of Compensation | Estimated Payout Range |
| Insurance policy limits | $100,000 – $500,000 |
| Lost wages & future income | $500,000 – $2,000,000 |
| Pain and suffering | $250,000 – $1,000,000 |
| Funeral and burial costs | $7,000 – $15,000 |
| Punitive damages (in cases of gross negligence) | $500,000 and above depending on the severity of the accident |
Insurance often provides a baseline settlement, but factors like future income loss and emotional suffering can significantly increase the total payout. This is especially true when the person who died was young or had family members who depended on their income.
Additional reading: average car accident settlement Georgia
Who can file a claim for a GA fatal car accident?
In Georgia, there are specific rules for filing a claim after a fatal car accident. Surviving family members need to know who can file the claim so they can seek justice and compensation for their loss.
Immediate Family Members
Immediate family members eligible to file a wrongful death claim in Georgia typically include:
- Surviving spouse
- Children
- Parents (if there is no surviving spouse or children)
These family members can seek compensation for emotional distress, loss of companionship, and other damages caused by the death of their loved one.
Personal Representative
If there are no immediate family members or if things get complicated, a personal representative can file the claim instead. This individual is usually appointed through the probate court and acts on behalf of the estate and the surviving family members.
Other Dependents
Other dependents who may be able to file a claim, if they can prove financial dependence on the deceased, could include:
- Siblings
- Grandchildren
- Extended family members (aunts, uncles, or cousins)
These individuals must show that they relied on the deceased for financial support to be eligible to file a claim.
The details of the fatal car accident can affect who’s allowed to file a claim. For instance, if the deceased left a will naming someone to handle their affairs, that person might also be able to bring a wrongful death lawsuit.
Elements needed to establish whether you have grounds for a claim
When thinking about filing a wrongful death claim in Georgia, these are the main points you’ll need to prove:
- Duty of care: The first element is establishing that the at-fault party owed a duty of care to the deceased. In the context of a car accident, all drivers have a legal obligation to operate their vehicles safely and responsibly to prevent harm to others on the road.
- Breach of duty: The next step is to show that the defendant breached this duty through reckless behavior, such as speeding or beating the red light, or some other infractionable offense. Evidence must demonstrate that the defendant’s actions were negligent and fell below the standard of care expected from a reasonable driver.
- Causation: It must be proven that the defendant’s negligence directly caused the accident that resulted in the death. This often requires thorough investigation and may involve expert testimony to establish a clear link between the defendant’s actions and the tragic outcome.
- Death: A wrongful death claim requires the actual death of the individual due to the accident. This can be substantiated through medical records, the date of death, and other documentation that confirms the deceased died as a result of the accident.
- Damages: These damages can include funeral costs, medical expenses incurred before death, loss of income, and compensation for the emotional suffering experienced by surviving family members. Georgia law allows for the recovery of both economic and non-economic damages in wrongful death cases.
And who could receive the compensation in a Georgia wrongful death case?
The distribution of compensation typically depends on the person’s relationship to the deceased and the details of the case. Here are the primary parties who may be entitled to compensation:
- Surviving spouse: The spouse is often the first in line to receive compensation.
- Children of the deceased: If there is no surviving spouse, the children may receive the compensation.
- Parents of the deceased: If there are no spouses or children, the parents can file for compensation.
- Other dependents: Siblings or other relatives who were financially dependent on the deceased may be eligible.
- Personal representative: If there are no immediate family members, a representative of the estate can file the claim and distribute compensation.
If family members cannot agree on how to distribute the compensation, court intervention may become necessary. In these cases, the court can step in to help resolve disputes. This process typically involves:
- The court may suggest mediation or arbitration, where a neutral third party helps the family members come to an agreement. Reaching a settlement in this way is often quicker and less formal than taking the case to court.
- If mediation fails, the case might go to probate court. Here, a judge will review the case and make decisions about how to distribute the compensation based on the law and the deceased’s wishes, if outlined in a will.
Each party involved should have legal representation that will protect their rights and interests during this process. One of our expert attorneys can help clarify the legal aspects and present evidence supporting their claims for compensation.
If you die in a car crash, does your family get money?
Yes, if you die in a car crash caused by someone else’s negligence, your family may be entitled to compensation through a wrongful death claim. This financial compensation can help cover funeral expenses, lost income, medical bills, and emotional pain and suffering that your loved ones may experience.
For further guidance on who receives compensation from a wrongful death lawsuit in Georgia, consult a Savannah car accident lawyer from our firm today
Maximizing car accident death compensation in Georgia
The legal process can feel overwhelming, but by taking the right steps, you can help strengthen your wrongful death claim. Here’s what you can do to increase its value:
- Gather evidence: Collect all relevant evidence, including police reports, medical records, and eyewitness statements.
- Document damages: Keep detailed records of expenses related to the death, such as funeral costs, medical bills, and lost wages.
- Consult an attorney from our firm: Our experienced wrongful death lawyers understand Georgia law and can advocate for your rights.
- Be aware of deadlines: Understand the statute of limitations for filing a claim to ensure you don’t miss critical deadlines. We can help guide you on this further.
- Stay informed: Educate yourself about the legal process and what constitutes a valid claim to make informed decisions. Again, this is something that we will help you with when it comes to a wrongful death suit in Georgia.
Factors that affect the car insurance payout for a death in Georgia
When you’re seeking a car insurance payout after a fatal accident in Georgia, there are many factors that can affect how much you might be entitled to your family.
Let’s go over what can impact the payout:
Severity of Injury
The severity of the injury in a fatal car accident plays a major role in determining the payout for a wrongful death claim. More serious injuries resulting in death often result in higher compensation because they demonstrate the extent of suffering and loss.
The following circumstances will affect the size of the payout:
- The level of pain and suffering experienced before death
- The long-term impact on the surviving family, such as loss of income or support
- The overall emotional and financial toll caused by the fatal injury
Evidence of the Other Driver’s Fault
Establishing liability is critical in any wrongful death claim. Clear evidence demonstrating that the other driver was at fault—such as traffic citations, eyewitness accounts, or video footage—can increase the likelihood of a favorable payout.
Strength of Medical Records
The strength of provided medical records will also play a significant role in deciding the payout for a wrongful death claim. These records help prove the accident led to the death, which can boost the chances of getting a higher payout.
Key parts of medical records include:
- Detailed diagnosis and treatment history
- Clear documentation of the injuries caused by the accident
- Records of any pain and suffering endured before death
- Expert testimony from doctors to support the claim
Deceased Fault
When it comes to wrongful death claims, the deceased’s fault can impact any potential payout. If the person who died was partially responsible for the accident, Georgia’s comparative fault laws come into play.
Under these laws, the compensation amount may be reduced based on the percentage of fault attributed to the deceased. For example, if the deceased is found to be 20% at fault, the total payout could be decreased by that same percentage.
This means that even if the other driver is mainly responsible, any shared responsibility can reduce how much compensation the surviving family members receive.
Economic Damages
Economic damages, which include financial losses the family faces because of their loved one’s death, play a big role in figuring out how much money a family can get from a wrongful death claim. The more proof you have to back up these claims, the more money you might receive.
Key types of economic damages include:
- Compensation for the deceased’s earnings that would have supported their family
- Costs related to the funeral, burial, or cremation services
- Any medical expenses incurred before the death due to the accident
- Loss of health insurance, retirement benefits, and other job-related perks
Families can strengthen their wrongful death claims and potentially secure a higher payout by carefully documenting these and any other economic losses.
Insurance Coverage
The amount of insurance coverage held by the at-fault driver will also come under scrutiny in determining fault and payout. If the driver has low liability coverage, the compensation available may be limited, regardless of the claim’s strength.
Higher coverage limits can provide more significant compensation for the deceased’s family.
Duration of the Claim Process
The length of time it takes to resolve the claim can also affect the payout. Delays in settlement negotiations or litigation can lead to increased costs and, in some circumstances, diminished value of the claim.
Attorney’s Fees
Hiring an injury lawyer can affect how much money the family ends up with after a claim. While having legal assistance is important for getting the most compensation, you should bear in mind that lawyer fees may take away from the amount surviving family members receive.
Here at Jamie Casino Injury Attorneys, we operate on a contingency fee basis, meaning we only receive a pre-agreed percentage of the payout if we win the case.
Read also: no win no fee lawer
Need a car accident lawyer in North Augusta? Our team of wrongful death lawyers in Georgia is here for you.
Why a car accident death insurance payout can vary
The payout from a car accident death claim can vary based on the surrounding circumstances of the incident, the defendant, and the insurance policies involved.
Here are some key reasons why payouts can vary:
The liable party
Usually, the one at fault is the driver who caused the accident, but there can be other factors that will affect the outcome of a claim.
Here are some factors to consider:
- Driver negligence: If the at-fault driver was speeding, distracted, or under the influence of drugs or alcohol, it strengthens the claim for compensation.
- Multiple parties: Sometimes more than one party can be held responsible, including other drivers or even vehicle manufacturers in cases of defective products.
- Shared fault: In some situations, the deceased may share some blame for the accident. Georgia follows a modified comparative fault rule, which means that if the deceased is found to be 50% or more at fault, the family may not receive compensation.
Uninsured and underinsured motorist coverage
Knowing if either party has uninsured or underinsured motorist coverage is a crucial part of dealing with car accident death claims. If the at-fault driver doesn’t have enough insurance or no insurance at all, this type of coverage can help bridge the gap.
This coverage can provide additional compensation to the deceased’s family, ensuring they aren’t left with financial burdens.
This coverage can affect payouts in the following ways:
- Protection Against Uninsured Drivers: If the other driver is uninsured, this coverage helps ensure you can still receive the average wrongful death lawsuit settlement.
- Coverage Limits: The amount you receive will depend on the limits of your own policy. Higher limits can lead to larger payouts.
- Supplementing Underinsured Coverage: If the at-fault driver has low coverage, your policy can help cover the difference between their limits and your damages.
Insurance policy limits
In general, there are two main types of policy limits:
- Per-person limit: This is the maximum amount the insurance company will pay for injuries sustained by a single individual in an accident.
- Per accident limit: This is the total maximum amount the insurance company will pay for all injuries and damages resulting from a single accident.
For example, if a policy has a limit of $25,000 per person and $50,000 per accident, the insurer will pay up to $25,000 for each injured individual but no more than $50,000 total for the accident.
In Georgia, state law mandates minimum insurance policy limits that all drivers must carry. These limits are as follows:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
Relying on just the minimum insurance coverage can put you at risk if you get into an accident. If the damages are more than what your policy covers, you might have to pay the extra out of your own pocket.
This can create serious financial problems, especially if there are severe injuries or multiple people involved.
To protect yourself better, think about raising your policy limits when you buy or renew your insurance. Having higher limits can give you extra peace of mind, knowing that you have enough coverage to deal with any claims that might come up after an accident.
Car insurance death payout examples
Here are two notable settlement examples in the state of Georgia that highlight significant payouts awarded in wrongful death lawsuits:
Harris County Case
A federal jury awarded more than $20 million to the daughter of a man who died due to negligent actions. This substantial payout reflects the serious financial implications of wrongful death claims, covering not just medical expenses and funeral costs but also future lost income and emotional suffering experienced by the surviving family members.
Columbus, GA Verdict
An attorney turned a purported self-defense shooting into a $20.7 million wrongful death verdict. Even though the shooter never faced criminal charges, the attorney revealed new evidence previously unknown to law enforcement, establishing liability and advocating effectively for the victim’s family.
We’ll get you the maximum auto accident compensation you deserve
At our firm, we understand how devastating a car accident can be for you and your family. If you’ve lost a loved one due to someone else’s negligence, we’re here to help you seek the justice and compensation you deserve.
Don’t settle for less than you deserve. Many people may not realize that the minimum settlement for a car accident can be significantly lower than what you could potentially receive.
With our wrongful death lawyers’ guidance, you can feel confident in navigating the complexities of your case and ensure that all your losses—emotional, financial, and otherwise—are taken into account.
Give us a call at 912-809-5335 to discuss your situation and let us fight for your rights.
Final points on the average settlement for car accident death in Georgia
When a car accident leads to death in Georgia, knowing the average settlement can help families find some peace of mind during such a difficult time.
Here are a few important points to keep in mind:
- The average settlement for car accident death cases can vary depending on how serious the accident was, the extent of the damages, and how strong the evidence is.
- The insurance policy limits of the driver who caused the accident are key in figuring out how much money the family can get. Families should know what coverage is available so they can better understand what they might recover.
- Settlements aren’t just about money. They also take into account the emotional pain of losing someone, since losing companionship, emotional distress, and future financial support for the family can greatly affect the settlement amount.
- Talking to experienced Georgia wrongful death lawyers can help families deal with the complexities of the legal system. These lawyers can advocate for their rights and help them get the best settlement possible.
While knowing the average settlement for car accident deaths in Georgia can give families a starting point, every case is different. Families should pay attention to their unique situation and get professional help to make sure they get the compensation they deserve.
FAQs
How is pain and suffering calculated in a car accident in Georgia?
In Georgia, pain and suffering are typically calculated using various methods, such as the multiplier approach, where medical expenses are multiplied by a factor based on severity.
Other factors include emotional distress, quality of life changes, and the duration of recovery. Documentation and testimony play key roles in this assessment.
What is the cap on wrongful death in Georgia?
In Georgia, there is no specific cap on damages for wrongful death cases. However, punitive damages are limited to $250,000 unless proven otherwise.
Compensatory damages, including economic and non-economic losses, can vary based on the case details. Each situation is assessed individually, considering circumstances and evidence.
How long do you have to sue for wrongful death in Georgia?
In Georgia, the statute of limitations for a wrongful death lawsuit must be filed two years from the date of death. It’s vital to act promptly, as missing this deadline can bar the claim entirely.
Consulting a lawyer from our firm early in the process can help ensure that your rights are protected and deadlines are met.