Who Can File a Wrongful Death Lawsuit?

 If your family member died as the result of a negligent or wrongful act, you need to explore your options with experienced and compassionate attorneys who can help you move forward after your loss.With more than two decades of experience providing skilled and compassionate support for clients throughout Georgia, the attorneys at law firm can help you and your family through this difficult time.

A Georgia Wrongful Death Attorney Helps You Interpret Georgia Law

Georgia wrongful death law follows a complex set of rules to determine who has the right to file a wrongful death lawsuit and when.  Retaining an attorney with extensive experience applying Georgia law to your situation is critical in achieving a successful resolution to your case.  


Georgia Law Generally Permits the Closest Survivor to File a Wrongful Death Claim

Recognizing that different relationships exist between one family and the next, Georgia law follows a detailed hierarchical structure in identifying the closest survivor who is qualified to file a wrongful death claim, as follows:

  • Surviving spouse:  At the top of the hierarchy is the surviving spouse, who must share an award equally with all the decedent's surviving children.
  • Surviving children:  The decedent's children are permitted to file a claim if the surviving spouse is not present.
  • Surviving parents:  Third in line are the decedent's parents, with allocation of the recovery divided based on the discretion of the court in the event they no longer live together.
  • Next of kin:  Under Georgia law, anyone designated as next of kin is next in line and may file suit through the administrator of the estate within two years of the date of death.
  • Decedent's estate:  The estate administrator or executor has a claim for medical and funeral expenses, pain and suffering, and even punitive damages.  These claims are in addition to the survivor claims, and they are awarded to the estate, where they can be used by survivors for any good purposes.

Taking legal action after losing a loved one can be a stressful experience that should be avoided if you are not in line to pursue benefits under the law.


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