Filing a Wrongful Death Claim After a Drunk Driving Accident in Georgia

Losing a loved one is always devastating—but when their death is caused by a drunk driver’s reckless actions, the pain is compounded by anger and injustice. In Georgia, families have the legal right to file a wrongful death claim to seek compensation and hold the at-fault driver accountable. At The Spizman Firm, our Atlanta Wrongful Death Attorneys help grieving families navigate the legal process and fight for the justice they deserve.

Here’s what you need to know if you’re considering filing a wrongful death claim after a fatal drunk driving accident in Georgia.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit brought by the surviving family members or the estate of someone who died due to another person’s negligence or misconduct. In the context of a drunk driving accident, the claim is typically filed against the impaired driver who caused the fatal crash.

Importantly, a wrongful death case is separate from any criminal charges the drunk driver may face. Even if they are prosecuted for DUI or vehicular homicide, you still have the right to pursue a civil claim for financial compensation.

Who Can File a Wrongful Death Lawsuit in Georgia?

Under Georgia law, the following individuals are typically eligible to file a wrongful death claim:

• The deceased person’s spouse
• If there is no surviving spouse, the children
• If there is no surviving spouse or children, the parents
• If none of the above are available, the executor of the estate may file on behalf of the next of kin

Georgia law also ensures that damages recovered are distributed to the surviving family members in accordance with their legal rights, regardless of who files the claim.

What Damages Can Be Recovered?

A wrongful death claim seeks to compensate the family for both economic and non-economic losses, including:

• Loss of financial support the deceased would have provided
• Funeral and burial expenses
• Medical bills related to the final injury
• Loss of companionship, guidance, and emotional support
• Pain and suffering experienced by the deceased before death (in some cases)

In drunk driving cases, courts may also award punitive damages to punish the driver for their egregious behavior and deter future misconduct.

Time Limits to File

Georgia has a two-year statute of limitations for wrongful death claims. This means you generally have two years from the date of your loved one’s death to file a lawsuit. Failing to meet this deadline could result in losing your right to recover compensation.

Because of this, it’s important to speak with an attorney as soon as possible—especially while evidence is still fresh and witnesses can be contacted.

We’re Here to Help You Seek Justice

At The Spizman Firm, we understand the emotional and financial toll a drunk driving death takes on a family. We’re here to handle the legal side of things so you can focus on healing. Our team serves clients across Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs.

Contact us today for a compassionate and confidential consultation. Let us help you pursue justice for your loved one.