Average Wrongful Death Settlement in Georgia For Car Accidents

The average wrongful death settlement in Georgia for a car accident is between $600,000 and $3,650,000. This range reflects the devastating financial and emotional impact such accidents have on surviving families. However, the exact settlement amount can vary widely based on the specifics of the case.

The final settlement depends on a variety of factors, including:

• Severity of Injury
• Strength of Medical Records
• Evidence of the Other Driver’s Fault
• Deceased’s Fault
• Economic Damages
• Insurance Coverage

Contact Michael Gumprecht for tailored advice for a wrongful death settlement

If you’re seeking a wrongful death settlement after a car accident, here’s what you need to know:

• You must be directly impacted by the crash: Only individuals who have been injured or suffered loss due to the accident can file a claim.
• File within Georgia’s statute of limitations: Claims must be filed within two years from the date of the accident. Waiting too long could forfeit your right to compensation.

At The Gumprecht Law Firm, we understand that every wrongful death case is unique. Our team provides customized legal advice tailored to your specific situation, addressing the emotional and financial losses you’ve endured. 

Start today with a free consultation to discuss your case. Let us guide you with compassion, experience, and a commitment to achieving the best possible outcome for your family.

Call us now at 470-975-7193 or visit our contact page to schedule your consultation. 

Knowing if you have grounds to file a wrongful death claim

Filing a wrongful death lawsuit in Georgia requires proving specific legal elements. These elements determine whether you have a valid claim and the likelihood of obtaining fair compensation. Here’s what you need to establish:

• Duty of Care: You must show that the at-fault party owed a duty of care to the deceased, such as driving responsibly or providing proper medical treatment in the case of medical malpractice.
• Breach of Duty: You must prove that the party failed to meet their duty of care, such as reckless driving or negligence.
• Causation: There must be a direct connection between the breach of duty and the death, showing the at-fault party’s actions caused the death.
• Death: The claim must involve the death of a person, which was caused by the breach of duty.
• Damages: The death must have resulted in measurable damages, such as medical expenses incurred, lost income, pain and suffering, and funeral costs.

Who can file a claim for a GA fatal car accident and receive compensation?

Under Georgia law, certain individuals are eligible to file a wrongful death claim and receive compensation for the loss of a loved one due to a fatal car accident. These include:

• Surviving Spouse: The spouse of the deceased has the first right to file a wrongful death lawsuit in Georgia. They may also file on behalf of the deceased’s children.
• Children of the Deceased: If there is no surviving spouse, the children can file the claim directly.
• Parents of the Deceased: If the deceased had no spouse or children, the parents may bring a wrongful death lawsuit.
• Executor of the Estate: If none of the above individuals are available, the executor of the deceased’s estate can file the claim to recover damages for the estate.

If you die in a car crash, does your family get money?

When a loved one dies in a car crash caused by negligence, their family may receive compensation through a wrongful death lawsuit settlement. This typically includes recovery for lost income, medical expenses incurred, pain and suffering, and funeral costs, helping provide financial support after the loss of a loved one.

The amount the family receives depends on factors like the deceased’s age, earning potential, and the impact on surviving family members. Insurance companies often minimize payouts, but an experienced wrongful death attorney can help secure fair compensation.

In Georgia, settlements support spouses, children, or parents and reflect the family’s financial and emotional losses.

We help families secure settlements that match the compensation they deserve for a wrongful death in Georgia. Contact our Duluth car accident lawyer to discuss your case today!

 

Elements that impact a car insurance payout for a death in Georgia

When pursuing a wrongful death claim in Georgia, several factors influence the payout amount from a car insurance settlement. These elements determine the compensation survivors may receive and reflect the unique circumstances of each case.

Below are key factors that impact the settlement for a wrongful death.

Severity of the injury

Cases where the deceased endured prolonged hospitalization, surgeries, or extensive medical care before passing often result in higher settlements to cover medical expenses and pain and suffering. Immediate fatalities may involve lower medical expenses but higher compensation for emotional loss, loss of companionship, and financial support for the family.

Strength of medical records

Detailed medical records that document the nature of the injuries, treatments provided, and cause of death strengthen a wrongful death lawsuit. Incomplete or unclear records allow insurance companies to dispute the claim, reducing the settlement amount.

Strong documentation ensures that the connection between the accident and the death is indisputable.

Evidence of the other driver’s fault

Police reports, eyewitness testimony, and dashcam footage are critical to proving the other driver’s negligence, such as reckless driving or drunk driving. Clear evidence of fault strengthens the wrongful death claim and forces insurance companies to negotiate higher settlement amounts to avoid litigation.

Deceased’s fault

If the deceased is partially responsible for the accident, Georgia’s modified comparative fault rule reduces the settlement proportionally. For instance, if the deceased is found 25% at fault, a $1,000,000 settlement would be reduced to $750,000.

If the deceased is more than 50% at fault, the family cannot recover damages under Georgia law.

Economic damages

Medical expenses incurred before death, funeral costs, and the deceased’s lost income and earning capacity are included in economic damages. For example, if the deceased was the family’s primary breadwinner, the settlement would reflect the loss of future financial contributions, providing support to surviving dependents.

Insurance coverage

The at-fault driver’s policy limits, which in Georgia are at least $25,000 per person and $50,000 per accident, directly impact the settlement. If these limits are insufficient, families may need to use uninsured/underinsured motorist (UM/UIM) coverage to recover the remaining damages.

This ensures the family receives compensation that aligns with the total economic and non-economic losses.

How to maximize a car accident death compensation in Georgia

The Gumprecht Law Firm is here to guide you through every step of the process and ensure all damages are fully accounted for.

• Seek immediate legal advice: Contact The Gumprecht Law Firm to speak with an experienced Georgia wrongful death attorney who can handle your case with care and fight for fair compensation against insurance companies.
• Gather strong evidence: Our attorney will collect police reports, medical records, photos of the accident scene, and witness statements to prove fault and establish the full impact of your loss.
• Document all financial losses: We’ll help you keep track of medical expenses, funeral costs, and lost income to ensure all economic damages are included in your claim.
• Avoid quick settlements: Insurance companies often offer low payouts to close cases quickly. Let The Gumprecht Law Firm evaluate the offer and negotiate for a settlement that reflects the true value of your case.
• Prove non-economic damages: Our team will demonstrate the emotional loss, loss of companionship, and pain and suffering your family has endured to maximize compensation for non-economic damages.
• Leverage insurance coverage: The Gumprecht Law Firm will review all available policies, including uninsured/underinsured motorist (UM/UIM) coverage, to ensure every potential source of compensation is pursued.

Michael Gumprecht will fight for your rights

If you’ve lost a loved one due to a fatal car accident, Michael Gumprecht and his team are here to fight for justice and ensure you receive fair compensation. With extensive experience handling wrongful death cases in Georgia, we provide compassionate, dedicated legal support tailored to your unique situation.

Take the first step today. Call us at 470-975-7193 or visit our Contact Us page to schedule a free consultation. Let The Gumprecht Law Firm fight for the justice and compensation your family deserves.

 

Key takeaways on the average settlement for car accident death in Georgia

The average settlement for a wrongful death lawsuit in Georgia depends on various factors, including the deceased’s age, earning capacity, and the damages prior to death. Settlements often cover medical expenses, funeral costs, and loss of financial support, with some wrongful death lawsuit payouts reaching multimillion-dollar amounts in severe cases.

Factors that affect wrongful death settlement amounts include evidence of negligence, the circumstances of the case, and the availability of insurance. Many wrongful death cases are settled out of court, and hiring experienced wrongful death lawyers in Georgia can help maximize your wrongful death settlement value.

Working with a team of experienced wrongful death attorneys ensures you receive fair compensation for your loved one’s death. Schedule a free case evaluation today to learn about the average wrongful death lawsuit settlement and the compensation you can seek. 

FAQs

What is the most you can sue for wrongful death?

There is no legal limit on the amount you can sue for in a wrongful death suit in Georgia. The compensation depends on factors like the deceased’s age, earning capacity, and the impact on their family. Settlements often include medical expenses, lost income, and pain and suffering. 

The average settlement amount for a Georgia wrongful death settlement varies widely based on the case’s unique circumstances. Families can pursue compensation for both economic and non-economic losses, including medical bills, funeral costs, and emotional distress caused by the loss of a loved one due to another’s negligence.

How are wrongful death settlements distributed?

In Georgia, wrongful death settlements are typically distributed among the deceased’s immediate family. The surviving spouse has the first right, followed by children and parents. If none of these exist, the settlement goes to the deceased’s estate. Distribution depends on state laws and family structure. 

The state of Georgia prioritizes the surviving spouse, who may share the compensation with children. If there is no spouse or child, the parents or estate may receive the settlement. Consulting an experienced attorney ensures fair distribution and helps families understand their rights during this challenging time.

Is a wrongful death settlement considered income?

Wrongful death settlements are usually not considered taxable income. Compensation for pain and suffering, medical expenses, and emotional loss is excluded from taxable income under IRS rules. However, portions of the settlement, like punitive damages or interest earned, may be taxable. Consulting a professional ensures compliance with tax laws.

Damages categorized under personal injury claims, such as those in a Georgia wrongful death settlement, are typically tax-free. Families pursuing a wrongful death suit should understand how their settlement is structured to avoid unexpected tax implications. An experienced wrongful death attorney can provide a detailed case evaluation to guide you.