Can Family Members Sue for Wrongful Death After a Car Accident in Georgia and South Carolina?
- Key Takeaway #1: If you’ve lost a loved one due to someone else’s negligence, you may be able to pursue a wrongful death claim to seek justice and financial support.
- Key Takeaway #2: These cases involve complex laws, strict timelines, and require clear evidence of negligence.
- Key Takeaway #3: The M. Austin Jackson team offers compassionate support to help families in Georgia and South Carolina navigate every step of the wrongful death claims process.
If you’ve lost a family member in a car accident, you or a close relative can likely sue for wrongful death. Our team at M. Austin Jackson Injury Lawyers is here to help during this difficult time.
While no legal action can undo the loss, both Georgia and South Carolina give families the right to pursue justice when a car accident is caused by someone else’s negligence. A wrongful death claim can help cover lost income, medical bills, and other damages, while holding the at-fault party accountable.
If you’re navigating this situation, read on for more information, or reach out to our compassionate lawyers today and we’ll walk you through the next steps.
Understanding Wrongful Death Claims in Car Accidents
A wrongful death claim is a legal action brought when someone dies due to the negligent, reckless, or intentional act of another person or entity. In the context of car accidents, this typically involves collisions caused by careless behavior—for example, texting while driving, speeding, or driving under the influence of alcohol or drugs.
Both Georgia and South Carolina law gives surviving family members or estate representatives the right to file the claim on their behalf.
Civil vs. Criminal Lawsuits
Our auto attorneys know that wrongful death claims are about more than compensation. They’re a means of seeking justice, creating accountability, and providing structure in the face of an devastating tragedy. When a loved one is lost due to another’s misconduct, families are left with questions: How could this happen? Who’s responsible? What can we do now?
Wrongful death lawsuits aim to answer those questions in civil court. Importantly, these claims are separate from any criminal charges the at-fault driver might face. For example, if a driver was drunk and caused a fatal accident, he or she may face criminal DUI charges—and the family may simultaneously file a wrongful death lawsuit to recover civil damages.
The civil case does not require proof “beyond a reasonable doubt,” as a criminal case does. Instead, families must show that the defendant was more likely than not responsible for the death. This lower burden of proof often makes civil claims a vital avenue for families to seek closure, even when criminal proceedings are ongoing or inconclusive.
In both Georgia and South Carolina, these cases are governed by specific statutes that outline who can file, how compensation works, and what timelines must be followed.
Who Can File a Wrongful Death Lawsuit
Both Georgia and South Carolina have laws that specify who is allowed to file a wrongful death claim. While similar in many ways, each state has its own hierarchy of eligible family members.
Georgia’s Wrongful Death Laws
Under Georgia law, the right to file a wrongful death claim follows a specific order of priority:
- Surviving Spouse – The spouse has the first right to bring a claim. If the deceased had children, the spouse must also represent their interests and share any award.
- Children (if no surviving spouse) – If there’s no spouse, the deceased’s children can file the claim.
- Parents (if no spouse or children) – If the deceased had no surviving spouse or children, the parents may bring the case.
- Estate Representative – If none of the above exist, the executor or personal representative of the estate can file the claim for the benefit of the next of kin.
Notably, Georgia law allows for two distinct claims:
- A wrongful death claim for the “full value of the life of the decedent”
- An estate claim for medical bills, funeral expenses, and pain and suffering
An experienced wrongful death attorney will ensure that your claim seeks compensation for the full scope of your damages and helps you on the path to healing.
South Carolina’s Wrongful Death Laws
South Carolina takes a slightly different approach. Wrongful death claims must be filed by the executor or administrator of the deceased person’s estate, but they are brought on behalf of surviving family members.
Beneficiaries of a South Carolina wrongful death case typically include:
- The surviving spouse and children
- If none, then the deceased’s parents
- If no spouse, children, or parents, then other heirs may receive a settlement
This structure makes it essential to understand who has legal standing and how the estate is set up before moving forward.
Proving Wrongful Death in Car Accident Cases
To successfully pursue a wrongful death claim after a car accident, you’ll need to prove that someone else was legally responsible for the accident—and by extension, your loved one’s death.
There are four essential elements:
- Duty: The at-fault party had a legal obligation to drive safely and follow traffic laws.
- Breach: That party failed to meet their obligation, such as by driving under the influence or speeding.
- Causation: This failure directly led to the accident and resulting fatality.
- Damages: The death caused quantifiable harm to surviving family members.
While that may sound straightforward, proving these elements can be complex in practice, especially when insurance companies dispute liability or when multiple vehicles are involved.
Common forms of evidence include:
- Police reports detailing fault and citations
- Eyewitness testimony from passengers or bystanders
- Surveillance footage from nearby businesses or traffic cams
- Black box or vehicle data from the cars involved
- Medical records and autopsy reports showing injuries and cause of death
Expert witnesses often play a crucial role as well. Accident reconstructionists can help explain how the crash occurred and why another driver was at fault. Financial and economic experts may project the decedent’s lifetime earning potential or the economic value of household services they would have continued providing.
Even a small detail—like the time between impact and death—can affect the case, particularly when pain and suffering damages are being considered. A skilled wrongful death attorney will know how to gather and organize the right evidence to build a compelling claim.
Types of Compensation Available
Wrongful death claims can include several categories of damages. These are generally divided into economic, non-economic, and in rare cases, punitive damages.
Economic Damages
These damages compensate for the tangible financial impact of losing a loved one. Examples include:
- Lost future income and benefits the deceased would have earned
- Medical expenses related to the final injury
- Funeral and burial costs
- Loss of services like childcare, household maintenance, or caregiving
In many cases, projecting future losses involves input from economists and employment experts. They’ll consider the deceased’s age, education, work history, expected career growth, and even inflation trends. These calculations are essential for presenting a full picture of what the family has lost financially.
It’s not just about wages. Pensions, health insurance, retirement savings, and even lost job promotions can all factor into a family’s financial future. Courts recognize that these cases involve both immediate and long-term consequences.
Non-Economic Damages
These damages account for the personal and emotional toll of the death. Though harder to quantify, they are no less important.
Courts may award compensation for:
- Loss of companionship, affection, or emotional support
- Loss of parental guidance and nurturing for minor children
- Emotional suffering or mental anguish endured by surviving relatives
Each person’s relationship with the deceased is considered individually. For instance, a child who loses a parent at age six will likely have a very different claim than an adult sibling who lived in another state. The law aims to account for these differences in impact.
Punitive Damages
Punitive damages are rare but powerful. They’re awarded not to compensate the family, but to punish the wrongdoer and send a strong message to others.
They may apply in cases involving:
- Drunk driving
- Street racing
- Actions with complete disregard for consequences or criminal recklessness
In Georgia, punitive damages require proof of willful misconduct or conscious indifference. In South Carolina, the standard is similar but includes a focus on reckless disregard for the safety of others. These awards are meant to deter similar behavior and acknowledge the especially egregious nature of the conduct.
The Wrongful Death Claims Process
The legal process can feel daunting in the wake of a tragedy, but knowing what to expect helps.
Here’s a general overview of how these cases unfold:
- Initial Consultation & Investigation – Your attorney gathers information, evidence, and expert opinions to evaluate the claim.
- Filing the Claim – A wrongful death lawsuit is formally filed in civil court.
- Discovery – Both sides exchange evidence and conduct depositions.
- Settlement Negotiations – Many cases resolve through negotiated settlements, therefore allowing the surviving family to avoid a trial.
- Trial (if needed) – If a settlement can’t be reached, the case proceeds to trial where a judge or jury decides the outcome.
Most wrongful death cases take several months to a few years to resolve, depending on complexity and whether a trial is required.
Common Challenges in Wrongful Death Cases
These cases often involve difficult legal and emotional challenges. Some of the most common include:
- Insurance company tactics – Insurers may, dispute liability, use the litigation process to delay the ultimate payment, or employ other strategies designed to wear down the decedent’s family in an attempt to pay a lesser amount of money for the claim.
- Valuing future losses – Calculating future income, benefits, or life services requires complex financial analysis and expert input.
- Family disagreements – When multiple heirs are involved, disputes over compensation distribution can arise.
- Emotional strain – Pursuing a legal case while grieving can be overwhelming without support.
An experienced attorney can help shoulder this burden and make sure your rights are protected throughout the process.
How Our Wrongful Death Lawyers Can Help
At M. Austin Jackson Injury Lawyers, we understand the deep impact a wrongful death has on families. We also know how important it is to take legal action that is respectful, strategic, and tailored to your situation.
Our firm has helped families across Georgia and South Carolina pursue justice after fatal car accidents. We bring deep knowledge of each state’s wrongful death laws, compassionate legal guidance that keeps you informed but respects your space, and relentless advocacy to pursue maximum compensation.
You shouldn’t have to navigate this process alone—or wonder whether you’re doing the right thing for your family. Let us help you find answers and move forward with strength.
Contact us today for a free, confidential consultation.
Frequently Asked Questions
How long do we have to file a wrongful death lawsuit in Georgia or South Carolina?
In Georgia, you typically have two years from the date of death to file a wrongful death claim. South Carolina also has a three-year statute of limitations. However, exceptions can apply, which is why consulting an attorney promptly is essential.
What if our loved one was partially at fault for the accident?
Both Georgia and South Carolina follow a comparative negligence system. You can still recover damages as long as your loved one was less than 50% (in Georgia) or less than 51% (in South Carolina) at fault. The total compensation may be reduced based on their percentage of fault.
Can we file a claim if there’s already a criminal case against the driver?
Yes. A wrongful death claim is a civil case and can proceed independently of a criminal case. You don’t need to wait for a criminal conviction to pursue civil damages.
How is compensation divided among family members?
It depends on the state. In Georgia, the law outlines how wrongful death proceeds are divided among eligible survivors. In South Carolina, the estate’s personal representative distributes compensation to the beneficiaries according to state intestacy laws or the decedent’s will.
What if our loved one didn’t have a will or estate?
In both states, if no will exists, the court will appoint an administrator to handle the estate. This person can file the wrongful death claim and distribute compensation according to the law.
M. Austin Jackson has more than a decade of experience helping his neighbors in Georgia and South Carolina receive justice and fair compensation after an injury. An Augusta native, Austin is honored to serve this wonderful community, and he prides himself on providing friendly, personal legal guidance for folks in the middle of a hard time.
