Fatal Car Accident Wrongful Death Claims in Georgia & South Carolina
Car accidents are the leading cause of wrongful death claims in the United States. According to the National Highway Traffic Safety Administration (NHTSA), over 40,000 people die in motor vehicle crashes each year — many due to preventable negligence such as distracted driving, speeding, drunk driving, and reckless lane changes. When a negligent driver causes a fatal crash, the victim’s surviving family members have the right to pursue a wrongful death claim for compensation.
At Roden Law, our fatal car accident lawyers represent grieving families across Georgia and South Carolina. We understand that no amount of money can replace your loved one, but a wrongful death claim can provide financial security for your family and hold the responsible party accountable for their actions.
Georgia Wrongful Death Law
Georgia’s wrongful death statute (O.C.G.A. § 51-4-1 et seq.) provides a framework for surviving family members to recover damages. In Georgia, the right to bring a wrongful death claim follows a specific hierarchy: the surviving spouse has the first right to file suit; if there is no surviving spouse, the children may file; and if there are no children, the parents or the estate administrator may bring the claim.
Georgia distinguishes between two types of damages in wrongful death cases: (1) the “full value of the life” of the deceased, which represents what the deceased would have earned and contributed to the family over their remaining lifetime, and (2) a separate estate claim for the deceased’s pre-death pain and suffering, medical expenses, and funeral costs.
South Carolina Wrongful Death Law
South Carolina’s wrongful death statute (S.C. Code § 15-51-10 et seq.) allows the personal representative of the deceased’s estate to bring a wrongful death action on behalf of statutory beneficiaries. The recovery is divided among them as it would be if the deceased had died without a will (S.C. Code § 15-51-40). South Carolina also provides for a separate survival action for the deceased’s pre-death damages.
Common Causes of Fatal Car Accidents
Fatal car accidents are frequently caused by:
- Distracted driving, including texting and smartphone use
- Drunk and drugged driving
- Excessive speed and aggressive driving
- Running red lights and stop signs
- Wrong-way driving on highways
- Drowsy and fatigued driving
- Failure to yield the right of way
Our car accident lawyers handle the full spectrum of motor vehicle collision cases, including specific sub-types such as drunk driver accidents, head-on collisions, and hit-and-run accidents. When these crashes result in death, our wrongful death team steps in to pursue justice for the family.
Multiple Sources of Compensation
Fatal car accident claims may involve multiple sources of recovery, including the at-fault driver’s liability insurance, your loved one’s underinsured/uninsured motorist (UM/UIM) coverage, employer liability if the at-fault driver was on the job, dram shop claims if the driver was over-served alcohol, and vehicle manufacturer claims if a defective vehicle component contributed to the fatality.
Statute of Limitations
In Georgia, wrongful death claims must be filed within 2 years of the date of death (O.C.G.A. § 9-3-33). In South Carolina, the deadline is 3 years from the date of death (S.C. Code § 15-3-530). Missing these deadlines typically bars your claim permanently. Contact Roden Law for a free consultation — there is no fee unless we recover compensation for your family.
