Medical Transport Van Wrongful Death and Catastrophic Injury Claims in Georgia

A medical transport van wrongful death Georgia claim belongs first to the surviving spouse, then the children, then the parents, and it seeks the full value of the life that was lost (O.C.G.A. § 51-4-2). If your loved one survived with a spinal cord or brain injury, the claim is theirs, and the same safety rules apply. These cases often involve a Medicaid ride, a transport company, its driver, and a state-contracted broker. This guide explains who can file, what the claim covers, who may be responsible, and the deadlines that matter.

Who May Bring a Wrongful Death Claim in Georgia

Georgia law sets the order of who may file. The surviving spouse comes first. If there is no spouse, the deceased person’s children may bring the claim (O.C.G.A. § 51-4-2(a)).

• Spouse and children. When both survive, the recovery is divided equally among the spouse and children, but the spouse receives no less than one-third (O.C.G.A. § 51-4-2(d)).
• Parents. When a child dies leaving no spouse or child, the right belongs to the parent or parents (O.C.G.A. §§ 51-4-4, 19-7-1(c)). This applies to adult children too.
• The estate. If no one above can file, the administrator or executor may bring the claim and hold the recovery for the next of kin (O.C.G.A. § 51-4-5(a)).

Our page on wrongful death after a truck crash in Georgia walks through these roles in more detail.

What the Claim Covers: The Full Value of the Life

The wrongful death claim seeks “the full value of the life of the decedent” (O.C.G.A. § 51-4-2(a)). Georgia measures that value without subtracting what the person would have spent on their own needs had they lived (O.C.G.A. § 51-4-1). Each family’s evidence shapes that value, so it differs from case to case.

The Estate’s Separate Claim

A second claim belongs to the estate. The personal representative may recover funeral, medical, and other necessary expenses caused by the injury and death (O.C.G.A. § 51-4-5(b)). A tort claim also survives a person’s death (O.C.G.A. § 9-2-41). The Georgia Supreme Court has described the estate’s claim for the person’s pain and suffering as distinct from the family’s wrongful death claim (Bibbs v. Toyota Motor Corp., 2018). Learn more on our Atlanta wrongful death attorney page.

When the Rider Survives a Catastrophic Injury

A spinal cord injury or brain injury can change every part of daily life. When the rider survives, the injured person brings the claim, through a guardian or other representative if needed. The claim can include past and future medical care, lost income, and pain and suffering.

A spouse may have a separate claim for loss of consortium. Georgia allows four years for injury claims involving loss of consortium, compared with two years for the injury itself (O.C.G.A. § 9-3-33). It is wise not to wait on either.

If Medicaid paid for treatment, the Department of Community Health (DCH) may seek reimbursement from the party responsible for the injury (O.C.G.A. § 49-4-148). Planning for that repayment early helps a family understand what a settlement really means.

The Duty a Medical Transport Company Owes Its Passengers

Georgia law holds carriers of passengers to a high standard. A carrier “must exercise extraordinary diligence to protect the lives and persons of his passengers” (O.C.G.A. § 46-9-132). Extraordinary diligence means the extreme care and caution very prudent and thoughtful people use (O.C.G.A. § 51-1-3).

The Georgia Court of Appeals has held that an ambulance is a common carrier “so long as it undertakes to carry sick, injured, or disabled persons indiscriminately and indifferently” (Bricks v. Metro Ambulance Service, Inc., 177 Ga. App. 62 (1985)). We have not found a Georgia appellate decision that decides whether a Medicaid transport van is a common carrier. Families should expect that question to be argued. Even under ordinary negligence, a company that rushes securement or hires an unsafe driver can be held responsible.

Wheelchair Securement and Passenger Safety Rules

Many serious injuries in these vans involve a wheelchair that was not properly tied down. Federal and state rules address this directly.

• Federal ADA rules. Transportation providers, public and private, must use the vehicle’s securement system for wheelchairs (49 CFR 37.165(a), (c)). Personnel must assist riders with lifts, ramps, and securement where necessary or on request (49 CFR 37.165(f)).
• Securement standards. On vehicles built to federal ADA vehicle standards, the securement system must limit an occupied wheelchair’s movement to no more than 2 inches in any direction under normal operating conditions (49 CFR 38.23(d)(5)). A seat belt and shoulder harness must also be provided for each wheelchair position (49 CFR 38.23(d)(7)).
• Georgia Medicaid policy. DCH’s NEMT Policies and Procedures Manual (revised July 1, 2022) requires drivers to confirm, before the vehicle moves, that wheelchairs and wheelchair passengers are properly secured (Section 300.5(12)). A driver with one confirmed failure to properly secure a member’s wheelchair must stop providing rides (Section 300.5(16)). The driver may return only after the transport company gives the broker proof that the driver was properly trained on securement devices.
• Driver standards. Under the same manual, drivers must be at least 21 and hold a valid driver’s license (Section 300.12). They must also complete driver training and first aid training (Section 300.13).

A violation of these rules does not automatically decide a case. It can be strong evidence of what a careful company should have done.

Who May Be Responsible

More than one party may share responsibility, and Georgia law divides damages among everyone at fault (O.C.G.A. § 51-12-33).

• The driver, for unsafe driving or skipped securement steps.
• The transportation company, for its driver’s conduct and for its own training, vehicles, and supervision.
• The broker. DCH contracts with a broker that assigns Medicaid rides to local transport companies. DCH says Verida has served all five Georgia NEMT regions since April 1, 2026. Before that, Modivcare served the Central, East, and Southwest regions, so an older trip may involve a different broker (Georgia Medicaid).
• Another driver, if someone else caused the crash.

A company is generally not liable for an independent contractor’s negligence (O.C.G.A. § 51-2-4). But Georgia law lists exceptions, including when the company keeps the right to control how the work is done, or when the wrong violates a duty imposed by express contract or by statute (O.C.G.A. § 51-2-5). Whether a broker controlled a transport company’s work is often a key question. See our Georgia non-emergency medical transportation accident attorney page for more on brokers.

Which Insurance May Pay

DCH’s NEMT manual requires the broker’s contract with each transport company to include “evidence of adequate insurance for vehicles and drivers” (Section 100.1(20)). The manual does not set a dollar amount. Coverage usually comes from commercial policies held by the transport company, and limits vary.

Other sources may include the at-fault driver’s liability insurance and the family’s own uninsured motorist coverage (O.C.G.A. § 33-7-11). Identifying every policy early matters most in catastrophic cases, where losses can exceed a single policy.

Deadlines Families Need to Know

Georgia generally allows two years to file an injury lawsuit (O.C.G.A. § 9-3-33). Georgia courts apply that two-year period to wrongful death claims, usually counted from the date of death.

• Estate claims. The time between a death and the appointment of a personal representative does not count against the estate’s claims, for up to five years (O.C.G.A. § 9-3-92). That pause applies to claims that belong to the estate. Families should not count on it to extend the wrongful death claim, which belongs to the spouse, children, or parents.
• Government vehicles. If a public agency’s vehicle was involved, written notice is due much sooner. Claims against a county must be presented within 12 months (O.C.G.A. § 36-11-1). Notice to a city is due within six months and must state a specific dollar amount (O.C.G.A. § 36-33-5). Claims against the state require written notice within 12 months of when the loss was or should have been discovered. Notice goes to the Risk Management Division of the Department of Administrative Services, with a copy to the state agency involved (O.C.G.A. § 50-21-26).

Evidence to Request Early

Records in these cases are held by several companies, so requests should go out quickly.

1. Trip records. The broker must give each ride request a unique transaction identification number and record which transport provider was assigned the trip (DCH NEMT manual, Section 100.4).
2. Incident reports. Brokers must report all incidents to DCH immediately upon discovery (Section 300.17).
3. Vehicle and driver files. The broker must inspect each vehicle twice a year (Section 300.8). Driver training and securement retraining records may show what the company knew.
4. Video and electronic data. A preservation letter puts each company on notice. In Georgia, the duty to preserve evidence arises when litigation is pending or reasonably foreseeable to the party that controls the evidence (Phillips v. Harmon, 297 Ga. 386 (2015)).

How Flack Injury Law Helps Families

Flack Injury Law is an Atlanta firm in Midtown that represents injured people and families after crashes someone else caused. Founding attorney Jonathan Flack has been licensed in Georgia since 2016. Before founding the firm, he spent two and a half years on the insurance side of commercial truck, tractor-trailer and medical transport van cases. He keeps a limited caseload, works directly on every case, and speaks Spanish with clients without an interpreter.

If you are in the metro area, see our Atlanta non-emergency medical transportation accident attorney page.

Frequently Asked Questions

More Questions About Medical Transport Van Deaths and Serious Injuries

Talk to a Georgia Lawyer About a Medical Transport Van Death or Serious Injury

We are sorry you are facing this. Jonathan Flack can review what happened, send preservation letters to the transport company and broker, and explain your family’s options in English or Spanish. Consultations are free.

There is no fee and no case cost unless the firm recovers money for you. Call Flack Injury Law at (678) 653-0309 or contact us online.

Related Guides

• Atlanta Wrongful Death Attorney
• Atlanta Medical Transport (NEMT) Accident Attorney
• Hurt in a Dialysis Transport Van Accident in Georgia? What Patients and Families Should Do
• Who Pays After a Medicaid Van Accident in Georgia?
• Hurt on a Medicaid Ride in Georgia? When You Can Sue Verida or the Transport Company

See all our guides for people hurt in Georgia crashes.