Wrongful Death and Survival Action After a Fatal Car Accident

Categories: Personal Injury

Georgia Wrongful Death Suits

In a tragic car accident over the Thanksgiving holiday, the world was shocked to learn that Actor Paul Walker was killed in a fiery car accident.  Walker, age 40, was riding as a passenger in his friend’s 2005 Porsche Carrera GT when the driver lost control of the vehicle and hit a light pole.  The Porsche ignited into a fiery inferno killing the driver and Walker.  Authorities believe speed was a factor.  The Porsche, with a V-10, 610-hp engine is notoriously difficult to maneuver even for professional drivers.  [Read Source Here] Inevitably, a wrongful death claim and a survival action will be filed by Walker’s family to recover compensation for the loss of his life in the fatal car accident. When car accidents turn fatal (or any event for that matter), the devastation that is left for family and friends is overwhelming.  While no amount of recovery will bring back a loved one, a personal injury attorney can help the family pursue their rightful claims against the negligent driver for damages.  Similar actions may be taken against a person who negligently or purposefully causes the death of another person under most circumstances. Wrongful Death in Georgia  A surviving family member may bring a wrongful death suit against the negligent driver in order to recover the “full value of the life of the decedent.”  O.C.G.A. § 51-4-1 defines the “full value of the life of the decedent” as: […] the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived.  Georgia law allows for the following family members to bring a wrongful death claim against a negligent driver in this order:

  1. The decedent’s surviving spouse
  2. If the decedent has no surviving spouse then the decedent’s surviving child(ren)
  3. If the decedent has no surviving spouse or child(ren) then the decedent’s surviving parents
  4. If the decedent has no surviving spouse, child(ren), or parents then the administrator of the estate

 Survival Action in Georgia  A survival action may be brought by the decedent’s estate to recover damages the decedent would seek if the decedent had survived.  The decedent’s estate is entitled to seek compensation for the decedent’s pain and suffering, funeral expenses and other financial losses.  An experienced personal injury attorney will be able to maximize the amount of the pain and suffering recovered based on the time and circumstances the decedent experienced right before his impending death among many other factors. To ensure you receive the full recovery your family deserves, you should contact an experienced personal injury attorney.  Turning Injury To Cash. Call The Atlanta Serious Injury Attorney, Terance Madden, at 770-978-6711.