What Happens When the At-Fault Driver Dies Too? Duluth Wrongful Death Lawyers Explain

Losing a loved one because of someone else’s negligence is devastating.

But the situation becomes even more complicated when the at-fault driver dies in the same accident.

Many families wonder: Can you still pursue justice?

Who becomes responsible for compensation? Is a lawsuit even possible when the negligent party is no longer alive?

In Georgia, the law makes it clear—your family still has the right to pursue a wrongful death claim, even if the person who caused the accident cannot personally answer for their actions.

The process is different, however, and requires an experienced Wrongful Death Lawyer to help you navigate the legal path ahead.

This article breaks down exactly what happens in these cases, how liability works, what insurance covers, and what families in Duluth should know when facing this emotionally and legally challenging situation.

Can You Still File a Claim If the At-Fault Driver Dies?

Yes. Under Georgia law, you can still bring a wrongful death claim even if the person responsible for the accident has passed away.

The claim simply moves from the at-fault individual to their estate or insurance company.

This is important, because:

• A negligent driver’s responsibility does not disappear upon death.
• Their auto insurance policy usually remains in effect.
• If insurance is insufficient, the driver’s estate may be liable for remaining damages.

A skilled Wrongful Death Lawyer near me can help families understand these legal avenues and determine the best strategy for obtaining compensation.

Why These Cases Are More Complicated

When the at-fault driver is alive, your lawsuit is directed at them.

But if they pass away, the legal process changes significantly:

1. You Must File a Claim Against the At-Fault Driver’s Estate

Once a person dies, their debts, liabilities, and financial obligations become part of their estate.

This includes:

• Car accident liability
• Property damage claims
• Wrongful death damages

Before pursuing compensation, a legal representative (executor or administrator) must be appointed for the estate.

2. Probate Court Becomes Involved

This is often the most time-consuming part. If no executor is named, the court will assign one.

Your attorney must coordinate with the probate court while still meeting Georgia’s strict statutes of limitation.

3. Insurance Companies May Try to Minimize the Case

When the at-fault driver is deceased, insurers are often quick to argue:

• Lack of evidence
• Unclear fault
• Complicated responsibility issues

This is why hiring an experienced Wrongful Death Lawyer is crucial.

How Insurance Works When the At-Fault Driver Dies

In most wrongful death cases involving a deceased negligent driver, their insurance is the primary source of recovery.

Insurance coverage usually includes:

1. Bodily Injury Liability Coverage

This pays for:

• Medical bills
• Funeral expenses
• Loss of income
• Pain and suffering
• Full value of life damages

2. Umbrella or Additional Liability Policies

High-net-worth individuals may have optional umbrella coverage providing additional compensation.

3. Uninsured/Underinsured Motorist (UM/UIM) Coverage

If the at-fault driver:

• Had no insurance,
• Or carried too little coverage,

your family can pursue compensation through your own UM/UIM policy.

A knowledgeable attorney can review every available policy to maximize your recovery.

Can You Recover Damages from the At-Fault Driver’s Estate?

If insurance does not fully cover your losses, you may pursue compensation from the deceased driver’s estate.

Your claim may include:

• Loss of life’s full value
• Lost wages and benefits
• Pain and suffering
• Burial and funeral expenses
• Medical bills
• Loss of companionship
• Loss of financial support

The estate is required to settle debts—including wrongful death damages—before distributing assets to heirs.

What If the Deceased At-Fault Driver Has No Estate?

Sometimes individuals pass away with:

• No property
• No savings
• No assets
• No insurance

In these cases, families may rely heavily on:

• UM/UIM coverage
• Personal assets coverage
• Other third parties who may share liability

A Wrongful Death Lawyer near me can evaluate whether multiple parties may have contributed to the accident, such as:

• Vehicle manufacturers
• Employers (if the driver was on the job)
• Government entities (defective road design cases)
• Bars or restaurants (dram shop liability)

Who Can File a Wrongful Death Claim in Georgia?

Georgia law designates who has the right to bring a wrongful death claim:

1. Surviving spouse
2. Children, if there is no spouse
3. Parents, if there is no spouse or children
4. Estate representative, if the family is unavailable

A Duluth wrongful death attorney can help families determine the appropriate filing process based on their relationship to the victim.

What Evidence Do You Need for These Claims?

When the at-fault driver is deceased, evidence becomes even more crucial.

Your attorney may gather:

• Police reports
• Accident reconstruction analysis
• Vehicle black box data
• Witness statements
• Medical records
• Traffic camera footage
• Phone records (texting/driving cases)
• Toxicology reports

Without strong evidence, insurance companies may attempt to shift blame or minimize the claim.

Working with an experienced law firm helps ensure no critical proof is overlooked.

Are These Claims Handled Differently Than Medical Malpractice Cases?

Some families confuse wrongful death accidents with medical malpractice cases.

While the legal principles differ, both involve negligence and loss of life.

If your loved one’s death resulted from improper treatment, misdiagnosis, or hospital errors, you would instead need a Medical Malpractice lawyer.

These cases have unique deadlines and expert requirements.

When searching for guidance, families often look for:

• Medical Malpractice Lawyer Duluth
• Medical Malpractice near me

Finch McCranie LLP handles both wrongful death and medical malpractice cases with equal precision and expertise.

Statute of Limitations: How Long Do You Have?

In most Georgia wrongful death cases, you have two years from the date of death to file a claim.

However, filing against a deceased at-fault driver’s estate can extend or complicate the deadline, especially if:

• The estate is going through probate
• No executor has been appointed
• Criminal investigations are ongoing

Your attorney must move quickly to preserve evidence and file all necessary documents before the clock runs out.

Why You Should Work With an Experienced Wrongful Death Attorney

Wrongful death claims involving a deceased negligent driver require:

• Probate court coordination
• Insurance negotiations
• Estate asset investigation
• Accident reconstruction
• Complex evidence gathering
• Strict deadline tracking
• Strategic litigation

Families should not have to navigate these challenges alone during a time of grief.

A compassionate and experienced Wrongful Death Lawyer ensures your rights are protected and the responsible parties are held accountable—even when the at-fault driver can no longer be.

About Us — Finch McCranie LLP

Finch McCranie LLP is a trial practice firm, with a long history of success.

Founded in 1965 by Baxter Finch and Claude Ross, the firm quickly established itself as among the best plaintiffs’ personal injury firms in Georgia, with numerous notable plaintiffs’ verdicts.

In the 60s and 70s, Baxter and Claude traveled throughout the state, trying cases regularly and cementing the firm’s reputation as one of the premier plaintiffs’ firms in Georgia.

Conclusion

When the at-fault driver dies in the same accident that took your loved one’s life, the emotional weight of the situation becomes even heavier.

Yet Georgia law ensures that your family’s right to justice and compensation does not disappear.

Claims simply shift from the individual to their insurance company or estate.

With experienced legal guidance, you can still pursue full and fair compensation for the loss, medical bills, funeral expenses, lost financial support, and the full value of your loved one’s life.

These cases are legally complex because they involve probate matters, insurance disputes, and detailed accident investigations.

That’s why working with a skilled Wrongful Death Lawyer is essential.

The right attorney can help secure critical evidence, identify all sources of recovery, handle estate-related challenges, and fight for the justice your family deserves.

If your family is facing this difficult situation, an experienced Duluth wrongful death attorney can guide you with compassion, clarity, and proven legal strength.