Nursing Home Neglect and
Assisted Living Abuse Lawyer
Atlanta & All Of Georgia

My Son Or Daughter Was Killed In A Car Accident

An Atlanta wrongful death attorney discusses your legal options

Nothing can prepare parents for the pain and sorrow of losing a son or daughter in a car accident. They can experience a wide range of emotions while grieving, and their lives will never be the same. For many grieving parents in Georgia, just making it day-to-day can be difficult as they try to come to terms with their loss.

In time, parents may understandably start to think about filing a lawsuit against the party responsible for the accident. Nothing can bring back a son or daughter. However, taking legal action after the wrongful death of a child is a way to hold negligent parties accountable for what happened. And it can help surviving family members get justice and compensation for certain damages they suffered.

How do wrongful death car accidents happen?

Fatal car accidents in Georgia are usually caused by negligence. A negligent driver is one who fails to act responsibly and does not exercise reasonable care on the road. Examples of negligence on the road include:

Distracted driving

Texting behind the wheel is the most common example of distracted driving. Other examples include talking on the phone, talking with passengers, operating dashboard controls, and eating or drinking. Diverting attention away from driving, even for a few seconds, significantly increases the risk of a crash and a car accident death.


Exceeding the speed limit significantly increases the risk of car accidents and also can lead to more severe injuries. Speeding reduces reaction time, makes it more difficult to control a vehicle, and magnifies the force of impact in a collision.

Aggressive driving

Driving aggressively poses serious dangers on the road, increasing the risk of accidents, injuries, and fatalities. Aggressive driving, such as tailgating, excessive lane changing, and ignoring traffic signs and signals, threatens the safety of all road users.

Drowsy driving

A driver who gets behind the wheel while extremely tired is dangerous. Drowsy driving impairs cognitive function, reaction time, and awareness of the road. Fatigue can lead to lapses in attention and diminished decision-making abilities.

Drunk driving

Driving under the influence of alcohol impairs motor skills, judgment, and coordination. Alcohol consumption slows reaction times, distorts perception, and impairs decision-making abilities. Drunk drivers are more likely to cause accidents, which often result in fatal injuries.

What are my legal options if my child was killed in a car crash?

In Georgia, parents can file an insurance claim with the negligent driver’s insurance company and possibly insurance companies for other negligent parties. However, the claims process can be difficult and frustrating. For example, drivers may deny doing anything wrong, even though they were clearly engaged in negligent behavior.

Insurance companies also routinely challenge wrongful death claims. They may dispute liability and argue that another party was at fault. They may challenge the extent of damages that are being claimed. One common tactic used to limit compensation is to make a lowball settlement offer that falls far short of covering the total damages suffered.

In order to recover the financial compensation they deserve, parents usually need to file a wrongful death lawsuit. A wrongful death suit can be filed against the negligent driver or other negligent parties – for example, the manufacturer of defective parts on a car that caused a fatal accident on the road.

How much can I recover in a wrongful death lawsuit?

It’s difficult to determine an average settlement in cases involving a child killed in a car accident. The amount that can be recovered will vary depending on many different factors. These include the circumstances of the accident, the extent of damages suffered, the strength of the evidence in the case, and insurance policy limits. In general, parents can seek compensation for:

Economic damages

These are damages that have a specific monetary value and include:

  • Medical expenses – Any medical bills incurred as a result of a child’s injuries before their passing. Common fatal car accident injuries include traumatic brain injury (TBI), spinal cord injuries, and injuries to internal organs.
  • Funeral and burial expenses – Costs associated with arranging the child’s funeral and burial services.
  • Loss of financial support – Compensation for the income or financial support the child would have provided to the family if they had survived.
  • Loss of services – Compensation for the value of household services or other assistance the child would have provided if they had survived.

Non-economic damages

These are damages that don’t have a specific monetary value, and include:

  • Pain and suffering – Compensation for the emotional anguish, mental anguish, and psychological distress experienced by the family due to the loss of their child.
  • Loss of companionship – Compensation for the loss of the child’s love, care, guidance, and companionship.
  • Loss of consortium – Compensation for the loss of the parent-child relationship and the associated emotional bond and support.

How long do I have to file a wrongful death lawsuit?

The statute of limitations for filing a wrongful death lawsuit in Georgia is generally two years from the date of death. But taking action sooner rather than later can help build a stronger case. The aftermath of a fatal car accident can be chaotic, and evidence can be lost. Witnesses can forget details about what they saw as time goes by. That’s why it is advisable to get legal advice as soon as possible following the loss of a loved one.

How can a wrongful death lawyer help?

Filing a wrongful death lawsuit can be complicated. A lawyer who handles fatal car accidents can provide support to families who have lost a son or daughter and guide them through the legal process every step of the way. An experienced attorney can:

  • Investigate – A lawyer will have the resources to conduct a thorough investigation into the fatal accident. This can involve gathering evidence, obtaining accident reports and medical records, interviewing witnesses, and even consulting experts to build a strong case.
  • Move your case forward – An attorney can handle all aspects of case preparation, including drafting legal documents, filing them with the appropriate court, and meeting all deadlines.
  • Handle all communications – This ensures families who are still mourning won’t be bothered by adjusters from the insurance company.
  • Negotiate – A lawyer can negotiate with insurance companies and opposing parties on behalf of a family to seek a fair settlement.
  • Litigate – If a wrongful death settlement cannot be reached through negotiation, a lawyer will represent the family in court proceedings and present the case before a judge and jury.

How long does it take for a wrongful death lawsuit to resolve?

The duration of a wrongful death lawsuit can vary depending on various factors. These include the complexity of the case, the extent of investigation required, and the willingness of the parties to negotiate.

In some cases involving a death due to negligence, a lawsuit may be settled relatively quickly through negotiation or alternative dispute resolution methods, such as mediation or arbitration. These cases may be resolved within several months to a year, provided that the parties reach a mutually acceptable settlement.

If the case proceeds to trial, the timeline can be considerably longer. Litigation involves multiple stages, including discovery, motion practice, pre-trial preparation, trial proceedings, and potential appeals. In these cases, it may take a year or longer to reach a resolution.

Seeking accountability for grieving Georgia families

If your son or daughter died in a car accident, it’s important to know your rights. An experienced wrongful death attorney can review the details of your child’s car accident and discuss your potential legal options in more detail. A lawyer can also answer any questions about the process and address any concerns you have.

At Johnson Greer Law Group in Decatur, we understand that you are dealing with an unimaginable loss. We are ready to fight to hold the negligent parties accountable and get justice for your child. Our firm is dedicated to helping families in Atlanta and throughout Georgia recover the compensation they deserve for the losses they have suffered.

Learn more about how we can help you with a wrongful death lawsuit. Contact us today to schedule a free case evaluation.

Click here to download a printable PDF of this article, "My Son Or Daughter Was Killed In A Car Accident."

    Free Consultation
    We Look Forward To Speaking With You.

    Free ConsultationClick Here