Fatal Car Accidents

Georgia law allows two separate claims after a fatal car accident: a wrongful death claim for the family and an estate (survival) claim for losses suffered before death. The wrongful death claim compensates designated family members for the “full value of the life” of the person killed, including economic and non-economic losses, and is not subject to medical liens. Estate claims may include pain and suffering, medical bills, and funeral expenses and may be subject to liens. Most fatal accident cases must be filed within two years of death.

What is a wrongful death claim in Georgia after a fatal car accident?

A wrongful death claim in Georgia allows designated family members to recover the “full value of the life” of a person killed due to another party’s negligence, including both economic and non-economic losses, as determined by a jury.

What is the difference between a wrongful death claim and an estate (survival) claim?

A wrongful death claim compensates family members for the full value of the decedent’s life and is not subject to medical liens. An estate (survival) claim compensates for pain and suffering before death and related expenses and is subject to medical liens and other creditor claims.

Who can file a wrongful death lawsuit in Georgia?

Priority goes to the surviving spouse, then children, then parents. If none survive, the estate administrator may file on behalf of next of kin determined by the general laws of inheritance.

How is the “full value of the life” calculated?

Georgia law uses no fixed formula. Juries consider projected lifetime earnings (without deductions for taxes or living expenses) and non-economic factors such as enjoyment of life.

Are wrongful death recoveries subject to medical liens in Georgia?

No. Medical liens and creditor claims apply to estate claims, not to wrongful death recoveries.

How are wrongful death settlements handled for minor children?

Up to $15,000 per child may be held by a natural guardian without bond. Larger amounts generally require probate court supervision unless a structured settlement is approved.

What is the deadline to file a fatal car accident lawsuit in Georgia?

Generally two years from the date of death, with limited exceptions. Missing the deadline can permanently bar recovery

If you or a family member are seriously injured due to someone else’s carelessness, contact us by phoning 404-253-7862 or submitting our contact form.

Last updated January 19, 2026 by Ken Shigley.

Johnson & Ward, founded in 1949, is the first, premiere personal injury specialty law firm in Atlanta.

Ken Shigley is a senior counsel at Johnson & Ward. He is a former president of the State Bar of Georgia, earned three board certifications from the National Board of Trial Advocacy, and was lead author of eleven editions of Georgia Law of Torts: Trial Preparation & Practice. He is a past chair of the motor vehicle collision section of the American Association for Justice, the first Georgia lawyer to earn three board certifications from the National Board of Trial Advocacy, a recipient of the State Bar of Georgia Tradition of Excellence award, honored in Best Lawyers in America®, Georgia Super Lawyers®, and Multi-Million Dollar Advocates Forum®.