The first days after a fatal crash are a blur of calls: the police, the hospital, the funeral home, and sometimes an insurance adjuster asking for a statement. Questions about a lawsuit can wait a little. A few of the steps that protect your family's rights can't wait long.
Gary Huggins handles these cases as a Dunwoody wrongful death lawyer with Huggins Accident Injury Lawyer. He will come to your home, so nobody in your family has to sit in traffic to reach a law office during weeks like these. When you're ready, call (240) 421-5511. Someone answers day and night.
Who investigates a fatal crash in Dunwoody?
Inside the city, Dunwoody Police handle the investigation. On I-285 and GA-400, the Georgia State Patrol often leads it, and near the GA-400 interchange, Sandy Springs Police may be the agency. A death usually means a deeper investigation than an ordinary wreck, sometimes with a crash reconstruction, so the final report can take longer than the few days a routine report needs.
The medical examiner's findings, 911 recordings, body-camera video and any toxicology results may all matter later. Much of the evidence never reaches the police file, such as store and office video, the vehicles' stored data and the other driver's phone records, so it has to be preserved quickly.
Who has the right to bring the claim?
Georgia doesn't leave this choice to the family. First in line is a surviving husband or wife, who brings the claim on behalf of the children too (O.C.G.A. § 51-4-2). If there's no spouse, the right passes to the children, adult children included. If there are no children either, it belongs to the parents, however old their son or daughter was (O.C.G.A. § 51-4-4). When none of them survive, the claim passes to the estate's administrator, and any money recovered goes to the next of kin (O.C.G.A. § 51-4-5).
A brother, sister or grandparent has no separate claim, though they may share through the administrator. Not sure where your family fits? Call (240) 421-5511 and Gary will work through it with you.
Do we need to go to probate court?
Often, yes, for the second of two claims. Georgia treats a death case as two parts:
- The wrongful death claim belongs to the family members above and seeks the value of your loved one's life.
- The estate's claim seeks the medical bills and funeral costs (O.C.G.A. § 51-4-5(b)), plus any pain your loved one consciously suffered before passing.
Only a personal representative can bring the estate's claim. For someone who lived in Dunwoody, that usually means asking the Probate Court of DeKalb County to appoint an administrator, or to admit a will that names an executor. Gary coordinates that step so both claims move together.
What is the claim worth?
Georgia values the wrongful death claim as “the full value of the life of the decedent,” seen through the eyes of the person who died rather than measured by the family's grief. One part is economic: lifetime earnings and benefits, plus the work your loved one did for the household, with no deduction for their own living costs. The other part is the value of living itself.
No one can responsibly put a number on that at a first meeting. Proof comes from records, such as tax returns, pay history and benefits, and from people: neighbors, coworkers and friends who can describe the life your loved one lived.
Who receives the money?
The law divides the wrongful death recovery, not the insurance company. A spouse and children share it equally, except that the spouse's portion can't drop below one-third (O.C.G.A. § 51-4-2). Your loved one's debts can't reach that money. When the parents bring the claim and are divorced, both still have rights (O.C.G.A. § 51-4-4). The estate's recovery, by contrast, passes under the will or Georgia's inheritance rules.
Which insurance pays, and are punitive damages possible?
Because Georgia is an at-fault state, the claim starts with the liability coverage of the driver who caused the crash. The legal minimum, $25,000 per person (25/50/25), rarely comes close to the value of a life. Other sources may include:
- A trucking company or other employer, if the driver was working. For interstate for-hire trucking companies hauling general freight, the federal minimum is $750,000 (49 C.F.R. § 387.9); our Dunwoody truck accident page explains those cases.
- Your loved one's own UM coverage, which in Georgia is “added-on” by default unless someone chose “reduced-by” in writing.
- A property owner or product maker, when an unsafe property or a defect played a part.
Punitive damages aren't part of the wrongful death claim itself; Georgia's appeals courts send them through the estate's claim. They require clear and convincing evidence of conduct such as willful misconduct or conscious indifference. The usual limit is $250,000, but the cap disappears when the at-fault driver was impaired by alcohol or drugs (O.C.G.A. § 51-12-5.1).
Suspect the driver had been drinking or using drugs? Call (240) 421-5511. Toxicology results, receipts and video can slip out of reach quickly.
What are the deadlines for a Dunwoody family?
- The family's claim generally expires two years after the death (O.C.G.A. § 9-3-33). Georgia can pause that clock in some situations, for instance while the estate has no administrator, but don't count on it.
- Much less time when a government is involved. Dunwoody, as a city, must be notified in writing within six months (O.C.G.A. § 36-33-5), and notice to DeKalb County or the State is due within 12 months (O.C.G.A. § 36-11-1; § 50-21-26). A MARTA vehicle can bring special notice rules and shorter deadlines.
- Fault still counts. A jury that puts half or more of the blame on your loved one leaves the family with nothing, and any smaller share is deducted from the award (O.C.G.A. § 51-12-33).
If it comes to a lawsuit, the State Court of DeKalb County in Decatur is a common destination, though a defendant who lives elsewhere, or a crash on the Fulton County side near GA-400, can send it to another county.
How Gary works with grieving families
- He meets at your home, in the evening if that's easier, or by phone or video, and in Spanish if your family prefers.
- He takes the adjusters' calls, and nothing gets signed until you understand it.
- He sends preservation letters for video, vehicle data and phone records.
- He collects the medical examiner's findings, the 911 calls and the full police file.
- He works alongside the estate's personal representative so the family claim and the estate claim are both filed properly and in time.
- He prepares the case as if it will be tried, while your family decides whether any offer is acceptable.
Families often ask about cost first. Gary handles death cases on a contingency fee: no attorney's fee unless we recover compensation for you.
Talk to a Dunwoody wrongful death lawyer today
Gary's office is at 1050 Crown Pointe Parkway, Suite 500, Atlanta, GA 30338, in Perimeter Center. Call (240) 421-5511 at any hour for a free, private consultation. You can also read more about wrongful death claims in Georgia, pedestrian deaths in Dunwoody and injury and death cases across Dunwoody.
Free consultation. Gary meets Dunwoody clients at our Perimeter Center office, by video, or at home or in the hospital. (240) 421-5511
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Questions people ask about dunwoody wrongful death
The crash happened on the Fulton County side of the GA-400 interchange. Does that change our case?
The family's rights are the same anywhere in Georgia. What can change is who investigated, since Sandy Springs Police or the State Patrol may have worked it, and where a lawsuit is filed. Venue usually follows the crash location or the at-fault driver's home county, so Fulton is possible. For a Dunwoody resident, though, the estate itself is normally handled by DeKalb County's probate court, wherever the crash took place.
The driver who caused the death has been charged with a crime. Can our civil claim go forward?
Yes. The family's claim is a civil case, separate from the prosecution, and it is decided on a lower standard of proof. Both cases can move at the same time, and the criminal investigation may turn up evidence your family can use. Georgia law may pause the civil deadline while a related prosecution is pending (O.C.G.A. § 9-3-99), but whether it applies depends on the facts, so plan around the two-year deadline.
An insurance adjuster called right after the funeral. What should we say?
Very little. Take the adjuster's name and claim number and say your family will respond later. Georgia doesn't obligate your family to give the other side's insurer a recorded statement, and nothing should be signed until you understand exactly what it releases. If children are entitled to part of the recovery, their shares must be protected, and a settlement involving a minor may need a judge's approval.
My husband was killed while working near Perimeter Center. Is workers' comp our only option?
Not necessarily. Workers' compensation is generally the only claim a family has against the employer itself (O.C.G.A. § 34-9-11). But if another driver, a trucking company, a property owner or a product maker caused the death, the family may also bring a wrongful death claim against that outside party. The two claims affect each other, so Gary reviews both early, before benefits or a settlement are accepted.
Can we still bring a claim if our loved one was partly at fault?
Usually, if the share of fault stays under 50%. Georgia reduces the recovery by your loved one's percentage of fault and bars it at 50% or more (O.C.G.A. § 51-12-33). Insurers know the person who died can't tell their side, so they often lean on blame. Video, vehicle data and witness accounts gathered early are how that story gets tested. Since SB 68, seat-belt evidence can also come in.