Motor vehicles are incredibly convenient, but they are also expensive and dangerous. Although many people do their best to be safe in traffic, some people are downright negligent on public roads. They handle their phones or drive at unsafe speeds.
Car crashes have remained one of the leading causes of death for people of all ages in Georgia for many years. Someone waiting for their spouse to come home from work may hear a loud knock on the door when police come to inform them of a crash.
The grief of losing a spouse unexpectedly can cause profound changes in someone’s personality and their daily life. In fact, it can take years to heal from such a loss. In addition to the emotional consequences of a tragic collision, there are also practical issues to consider.
Can a surviving spouse initiate a wrongful death lawsuit after losing their spouse in a crash?
Crashes are a common reason for litigation
Technically, every driver in Georgia should carry insurance. The coverage they have can help protect against liability if they ever cause a collision. Unfortunately, insurance requirements in Georgia aren’t high enough to offset the numerous expenses generated by a person’s premature death.
Additionally, not all drivers carry the mandatory insurance required by state law. Provided that there is proof of either negligent behavior on the road or a violation of state laws causing the crash, the people left behind after a tragic collision may have grounds to pursue a wrongful death lawsuit in accordance with Georgia state statutes.
Spouses have priority consideration
Technically, multiple different family members could theoretically pursue a wrongful death lawsuit after a tragic collision. However, if the person who died was married, their surviving spouse generally has the strongest claim to initiate a lawsuit. The lawsuit can lead to compensation for expenses ranging from lost wages and end-of-life medical care to the loss of support the family has had to endure.
Typically, only one party can file a wrongful death lawsuit. A surviving spouse may file a lawsuit seeking compensation for their losses and the losses of other surviving family members. They can potentially share the proceeds of the lawsuit with their shared children or stepchildren.
Pursuing a wrongful death lawsuit is an appropriate response to a preventable car crash with tragic consequences. Spouses can work to seek justice if they initiate a lawsuit in a timely fashion.