If a family member has been killed in a car accident caused by another party, you may be able to file a wrongful death claim against the individual responsible. To ensure the greatest chances of a successful outcome, it is crucial to follow the right steps. Here are the three general components of filing a wrongful death claim.

How to File a Wrongful Death Claim

1. Determine if You Are Eligible to File

In Georgia, as in most states, only certain survivors of the deceased are permitted to file wrongful death claims. This is because the goal of these types of claims is to compensate immediate survivors for their loss and the costs associated with that loss. Those who can file include a surviving spouse; children, if there is no surviving spouse; a parent, if there is no surviving spouse or children; and the decedent's estate itself, if none of the other mentioned individuals are surviving.

2. Compile Evidence

Evidence forms the basis of any kind of personal injury claim, establishing the facts of the accident and the impact of the losses you've experienced. Examples include police reports taken at the accident scene, medical records detailing the deceased's condition in their final moments, hours, or days, and photos or videos from the scene of the crash.

3. Calculate Damages

A personal injury attorney will help you identify the damages you can pursue and assign a realistic dollar amount to each. Some damages have a specific cost, like reimbursement for medical bills, funeral and burial expenses, and the deceased's lost wages and benefits. 

Other damages do not come with a defined price tag and can vary depending on the severity of the accident and the deceased's role within the family. For instance, you may be able to seek compensation for your loved one's pain and suffering before they died, the loss of their companionship, or for the loss of the services they provided the family, such as child or elder care and home or vehicle maintenance.

Be sure to have an injury attorney guide you throughout the legal process. Ayerbe & Arnold has been serving the Macon, GA, area since 1992. They provide representation in car, truck, and motorcycle accidents and wrongful death cases. Call (478) 474-2252 to schedule a consultation, or visit them online to learn more about their approach to helping clients.