Can I file a wrongful death claim if my spouse died in a car accident caused by a drunk driver?

I am sorry for your loss and extend my condolences to you and your family. Short answer to your question is, “yes,” you can—and should—file a wrongful death claim if your spouse died in a car crash caused by a drunk driver. In fact, as the surviving spouse, only you have the legal authority to pursue a wrongful death claim for your wife’s death; however, if you and your spouse had a child/children, Georgia law provides that you will bring the claim for your benefit and the benefit of your child/children. Although people commonly refer to cases like the one you’re considering as “wrongful death” cases, that’s actually a bit of a misnomer because “wrongful death,” which in Georgia is defined as the full value of the life of the deceased (both economic and noneconomic), represents one component of the two claims that can be pursued. The other claim is what is commonly referred to as the survivor or estate claim which includes claims for medical expenses, funeral and burial expenses, pain and suffering, and punitive damages. When you speak with an attorney, make sure the lawyer has experience handling what I refer to as negligent homicide cases, as there are numerous pitfalls that can severely diminish the value of a claim that a lawyer without the necessary expertise might be unaware of.

Yes, in Georgia, as the surviving spouse, you generally can file a wrongful death claim if your spouse died in a car accident caused by a drunk driver. Drunk driving (DUI) is a clear example of negligence or recklessness that can support a wrongful death action, as it breaches the duty of care owed to others on the road and directly causes fatal harm.

Key Georgia Laws Supporting This

Under O.C.G.A. § 51-4-2, the surviving spouse has the primary right (first-priority standing) to bring a wrongful death claim for the “full value of the life” of the deceased. This includes:

•  Economic losses (e.g., lost income, medical/funeral expenses, loss of support).

•  Non-economic losses (e.g., loss of companionship, guidance, love, and consortium).

If there are surviving children, the spouse files the claim, but any recovery is typically shared: the spouse gets at least one-third, with the remainder divided among the children (or equally if no minimum applies in some interpretations).

Drunk driving strengthens the case because:

•  It often involves clear liability (negligence per se if traffic laws were violated).

•  It can support punitive damages in related claims (e.g., through a survival action by the estate) to punish egregious conduct like DUI, though the main wrongful death claim focuses on compensatory damages.

•  Many Georgia cases involving DUI-related fatalities result in substantial settlements or verdicts (e.g., examples in the hundreds of thousands to millions, depending on factors like the deceased’s age, earning potential, family impact, and evidence).

This is separate from any criminal prosecution of the drunk driver (e.g., vehicular homicide or DUI charges)—the civil claim is for your family’s financial recovery and justice.

Important Time Limits (Statute of Limitations)

•  Generally 2 years from the date of death to file the wrongful death lawsuit (O.C.G.A. § 9-3-33).

•  Potential extension/tolling in vehicle cases: If the at-fault driver faced criminal or traffic charges (common in DUI crashes), the statute may be tolled under O.C.G.A. § 9-3-99 until the criminal/traffic case resolves (or up to 6 years max). This can give more time in DUI cases.

•  There’s also a 5-year statute of repose in some negligence contexts, but act quickly to preserve evidence and options.

Next Steps

Wrongful death claims are fact-specific (e.g., police reports, BAC results, witness statements, insurance coverage). Consult a Georgia attorney experienced in wrongful death and DUI-related crashes as soon as possible—many offer free consultations and work on contingency (no upfront fees). Since you’re in Atlanta, local firms familiar with Georgia courts and insurers can help evaluate your case strength, potential compensation, and any estate-related claims (e.g., for pain/suffering before death).

This is a general overview based on Georgia statutes and common legal interpretations—not personalized legal advice. An attorney can review your specific circumstances (e.g., marriage status at death, any children, crash details) to confirm eligibility and guide you. I’m sorry for your loss; these cases are emotionally and legally complex, but the law provides a path for accountability.

Yes. In Georgia, you may absolutely have the right to bring a wrongful death claim when your spouse is killed by a drunk driver.

As a Georgia personal injury and wrongful death attorney, I can tell you that these cases are specifically recognized under Georgia law. When a death is caused by another driver’s negligence, and impaired driving is one of the clearest forms of negligence, the law allows certain family members to hold that driver financially responsible.

In most situations, a surviving spouse has the first and primary right to bring the wrongful death claim. That claim is separate from any criminal DUI case and focuses on the full value of your spouse’s life, not just medical bills or funeral expenses. A separate estate claim can also be brought for medical costs, pain and suffering before death, and related losses.

The most important first step is to preserve evidence, obtain the crash and DUI records, and make sure the insurance companies do not control the narrative early on. Georgia’s wrongful death laws are very specific about who can file and what damages can be recovered. Speaking with an experienced Georgia wrongful death lawyer as soon as possible can protect your rights and help your family move forward during an incredibly difficult time.