Filing a Wrongful Death Lawsuit After a Deadly Motorcycle Accident
If your loved one dies in a fatal motorcycle accident, what are your legal options? Georgia law is very strict when it comes to wrongful death lawsuits. This is just one reason why you may want to hire an Atlanta wrongful death lawyer to help you during this difficult time.
In this blog, we will discuss who has standing to file a wrongful death lawsuit in Georgia. We will also explain how the legal process works and what kind of damages you can demand from the defendant.
The Deadline to File Can Be Later Than You Think, and Missing It Can Cost Your Family Everything
Georgia’s wrongful death statute of limitations doesn’t always work the way people assume, and one specific rule can extend it by years depending on the circumstances of the crash. This guide walks through exactly who can file, how long you actually have, and how an Atlanta motorcycle accident lawyer can help your family pursue every dollar of compensation you’re entitled to.
Who Can File a Wrongful Death Lawsuit After a Fatal Motorcycle Accident?
In Georgia, there are only certain people who can file a wrongful death claim. According to O.C.G.A. § 51-4-2, only the following people have standing to sue after their loved one dies in a fatal motorcycle accident:
- Surviving spouse
- If there is no spouse, the decedent’s children
- If there are no children, the victim’s parents
If there are no suitable family members to file suit, the personal representative of the decedent’s estate can also sue. An Atlanta wrongful death lawyer can help determine exactly who in your family has standing before any paperwork gets filed.
What Is the Deadline for Filing a Wrongful Death Lawsuit in Georgia?
In Georgia, you only have a certain amount of time to file your wrongful death claim. According to the statute of limitations, you have two years to do this. The two-year period starts on the date of your loved one’s death.
It’s important to note that this date may not be the same date as the fatal motorcycle crash. It could be days, weeks, or even months later.
Are There Any Exceptions?
There is an important rule that may impact your filing deadline. In Harrison v. McAfee, 338 Ga. App. 393, 402 (2016), the Georgia courts held that in cases involving a motor vehicle accident, a special rule may apply.
If the defendant was charged with a crime or traffic violation, the clock will not start ticking until their legal case has been decided. This can extend the statute of limitations period for up to six years if need be. This is exactly the kind of deadline calculation an experienced motorcycle accident attorney tracks closely, since getting it wrong can mean losing your family’s right to recover anything at all.
Your Atlanta Motorcycle Accident Attorney May Have to File Two Lawsuits
After a fatal motorcycle crash, your family may have to file two different kinds of lawsuits. The first is an ordinary wrongful death lawsuit. This case is meant to sue on behalf of the decedent. The damages sought in this type of case will be those damages the victim would have demanded had they survived the crash.
The second type of case you may need to file is called an estate claim. This is where your family can sue for the damages they have suffered as a result of the fatal motorcycle accident. Coordinating both claims correctly, and making sure nothing is left on the table between them, is exactly the kind of work a wrongful death lawyer handles on your family’s behalf.
What Kind of Damages Can Your Wrongful Death Lawyer Demand?
The types of damages your family can receive will depend on the type of lawsuit you file. In your wrongful death claim, your motorcycle accident attorney can demand compensation for the full value of the decedent’s life.
This term may seem vague. That’s because it is. According to Brock v. Wedincamp, a case dating back to 2002, the plaintiff in a wrongful death claim can demand two types of damages: tangible and intangible.
Tangible damages include the following:
- Money the victim would’ve earned had they not been killed in a fatal motorcycle accident
- Financial value of the household jobs the decedent performed while they were alive
Intangible damages would include such things as the victim’s reason for living and the relationships the victim had with their family and friends.
What Damages Can the Family Demand in the Estate Claim?
In an estate claim, the wrongful death lawyer can demand damages as well. This may include any or all of the following:
- Funeral and burial expenses
- Medical expenses related to the victim’s death
- Pain and suffering experienced by the decedent
- Property damage caused to the motorcycle
The damages in the estate claim will be distributed to the decedent’s heirs.
Who Receives the Money Once a Wrongful Death Lawsuit Settles?
After settling a wrongful death claim or winning in court, the money will be distributed according to Georgia law. Regardless of how many children or heirs the decedent has, their spouse is entitled to at least one-third of the settlement proceeds.
The rest of the money will be distributed amongst the rest of the victim’s heirs, including their children.
Frequently Asked Questions
Who can file a wrongful death lawsuit in Georgia?
Under O.C.G.A. § 51-4-2, the surviving spouse has first right to file. If there’s no spouse, the decedent’s children can file, and if there are no children, the victim’s parents can file. If none of these family members are available, the personal representative of the estate can file instead.
How long do I have to file a wrongful death lawsuit after a motorcycle accident in Georgia?
You generally have two years from the date of your loved one’s death, not necessarily the date of the crash itself. If the at-fault driver was criminally charged, this deadline can be extended for up to six years while the criminal case is pending.
What’s the difference between a wrongful death lawsuit and an estate claim?
A wrongful death lawsuit seeks damages the victim would have been entitled to had they survived, including the full value of their life. An estate claim seeks separate damages the family incurred, like funeral costs and property damage, and is distributed to the decedent’s heirs.
How is a wrongful death settlement distributed among family members?
Under Georgia law, the surviving spouse is entitled to at least one-third of the settlement proceeds, regardless of how many children or other heirs exist. The remainder is distributed among the other heirs.
Do I need a lawyer to file a wrongful death claim after a fatal motorcycle accident?
You’re not legally required to have one, but wrongful death cases often involve two separate lawsuits, strict filing deadlines with case-specific exceptions, and disputes over how damages should be calculated and divided. A motorcycle accident attorney can help make sure your family doesn’t lose out on compensation due to a missed deadline or an incomplete claim.
Contact Our Office if Your Loved One Died in a Fatal Motorcycle Accident
Losing a loved one is hard enough when they pass away from natural causes. When they die as the result of a fatal motorcycle accident, it is much harder to deal with. Your family may have a legal claim against the person who caused the crash. Your Atlanta motorcycle accident attorney can help hold them accountable.
Our firm offers new clients a free, initial consultation. This gives you a chance to find out if you have standing to file a wrongful death lawsuit. It also allows our Atlanta motorcycle accident attorneys a chance to review your case.
Simply contact our office at 770-HELP-NOW today so you can schedule your free case review.
