Story developing as of July 13, 2026. Last updated: July 13, 2026.
What Happened
On Friday, a DeKalb County grand jury indicted an 18-year-old in connection with a deadly crash. Prosecutors identified the accused as Joseph Odeh, 18, of Fairburn, and charged him with felony murder, fleeing or attempting to elude a police officer, first-degree homicide by vehicle, serious injury by vehicle, theft by receiving stolen property, reckless driving, and driving without a valid driver’s license. In any of these cases, an experienced car accident lawyer in Atlanta can help steer accident victims in the right direction.
The charges stem from an April 16 crash that killed 56-year-old Antionette Catchings and injured her 14-year-old grandson as they were walking home from Miller Grove Middle School. Prosecutors allege that authorities attempted to stop the driver, who was driving a silver Mitsubishi Mirage that had been reported stolen. Instead of stopping, the driver allegedly sped away, leading to a pursuit. According to the indictment, the driver lost control while traveling at a high rate of speed and struck the grandmother and her grandson near the intersection of Covington Highway and Miller Road. Catchings died from her injuries; her grandson was hurt.
The case will be assigned to a DeKalb County Superior Court judge for arraignment, and a trial date will be scheduled after that. Mr. Odeh is accused, not convicted, and is presumed innocent unless and until proven guilty.
While the criminal process moves forward, families in situations like this often ask a different question: What can we do? That is where Georgia’s civil justice system comes in.
The Criminal Case and the Civil Claim Are Two Separate Things
This is the point families most often misunderstand. A criminal case is brought by the state to hold an accused person accountable to society, with possible outcomes like prison, probation, or fines paid to the court. The family is a witness, not a party, and prosecutors control the case.
A civil wrongful-death or personal-injury claim is brought by the family to recover money for their loss. The two proceed on separate tracks with different rules and a lower burden of proof on the civil side (a “preponderance of the evidence” rather than “beyond a reasonable doubt”).
Because they are separate:
- You can file a civil claim even while a criminal case is pending.
- You do not need a criminal charge or conviction for a civil claim to exist.
- A criminal case that ends without a conviction does not automatically end a civil claim.
An experienced Atlanta wrongful death lawyer can pursue the civil side while the criminal matter runs its own course.
Who Can Recover Under Georgia’s Wrongful-Death Law
Georgia’s wrongful-death statute sets an order of who may bring the claim. Generally:
- The surviving spouse (who also represents any minor children);
- If there is no spouse, the surviving children;
- If there is no spouse or child, the surviving parent(s); and
- If none of the above, the personal representative of the estate, for the benefit of the next of kin.
Georgia allows recovery for the “full value of the life” of the person who died — a measure meant to capture both the economic value (such as lost income and services) and the intangible value of the life itself, viewed from the deceased person’s perspective. Separately, the estate may pursue certain claims for things like medical and funeral expenses and the pain and suffering the person experienced before death. An injured survivor — for example, someone hurt in the same crash — may also have a personal-injury claim of their own.
Liability When a Driver Flees or Is in a Stolen Vehicle
Families sometimes assume that if the driver was allegedly fleeing or in a car that did not belong to him, there is “no one to sue.” Not necessarily. In a civil claim, the core question is negligence — did a driver breach the duty to drive safely, and did that cause harm? Allegations of speeding, reckless driving, and fleeing generally point toward driver negligence regardless of who owned the vehicle.
The harder, practical issue is often where the compensation comes from, especially when an at-fault driver has limited or no assets or insurance. That is why an experienced Atlanta wrongful death lawyer investigates every potential source of recovery, which can include the victim’s own uninsured/underinsured motorist (UM/UIM) coverage — a part of many Georgia auto policies that exists precisely for situations where the at-fault driver cannot pay. Whether any particular source applies depends entirely on the facts, so this is something to review carefully with counsel.
Why Acting Fast to Preserve Evidence Matters
Evidence disappears. Vehicles get repaired or scrapped, surveillance and traffic-camera footage is overwritten, skid marks and debris are cleared, and witnesses’ memories fade. In a fleeing- or high-speed crash, physical evidence and any available video can be central to reconstructing what happened. Early steps, sending preservation letters, locating cameras, and documenting the scene, are often easier and more effective when taken soon after the crash rather than months later.
Frequently Asked Questions
Can we file a civil claim if there is already a criminal case?
Generally, yes. The criminal case and a civil wrongful-death or injury claim are separate proceedings with different parties, rules, and burdens of proof. One does not have to wait for the other, and a criminal outcome does not by itself decide the civil claim.
Who can bring a wrongful-death claim in Georgia?
Georgia law sets an order: generally the surviving spouse first (also representing minor children), then children, then parents, and finally the estate’s personal representative for the next of kin. The right person depends on your family’s specific circumstances.
What if the at-fault driver has no insurance or cannot pay?
There may still be options. Many Georgia auto policies include uninsured/underinsured motorist (UM/UIM) coverage that can apply when the at-fault driver cannot pay, and a full investigation looks for every potential source of recovery. What applies depends on the facts of your case.
How long do we have to file in Georgia?
Georgia’s general deadline (statute of limitations) for wrongful-death and personal-injury claims is generally two years, but important exceptions and tolling rules can shorten or extend that window. Because missing the deadline can end a claim entirely, confirm the exact timing with an attorney as early as possible.
Talk to an Attorney
Every case is different, and outcomes depend on the specific facts and evidence, no result can be guaranteed. If your family has lost a loved one or been injured in a crash in the Atlanta area, a consultation with an Atlanta wrongful death lawyer can help you understand your options.
The Perazzo Law Firm — Atlanta office: 1372 Peachtree St NE, Atlanta, GA 30309 · (404) 669-6997. Attorney Jonathan Perazzo is admitted in Florida, Georgia, and Texas.
This article is general information, not legal advice, and does not create an attorney-client relationship. The person indicted is accused, not convicted, and is presumed innocent. Facts drawn from CBS Atlanta reporting updated July 12, 2026. Story developing.
