Who can file a wrongful death lawsuit in Georgia?

In Georgia, the law specifies who is eligible to file a wrongful death lawsuit after losing a loved one due to another party’s negligence or misconduct. The order of priority for filing a claim is as follows:

1. Surviving Spouse

The first right to file a wrongful death claim belongs to the surviving spouse of the deceased. If the deceased had minor children, the spouse must also represent their interests in the lawsuit. However, the spouse is entitled to no less than one-third of the total compensation, regardless of the number of children involved.

2. Children of the Deceased

If there is no surviving spouse, the deceased’s surviving children have the right to file the wrongful death claim. The compensation awarded is typically divided equally among them.

3. Parents of the Deceased

If the deceased was unmarried and had no children, the parents of the deceased are next in line to bring forth the wrongful death lawsuit.

4. The Estate Representative

If there are no surviving spouses, children, or parents, the representative of the deceased’s estate may file the wrongful death claim. In this case, any damages awarded go to the estate and are distributed according to the deceased’s will or Georgia’s intestate succession laws.

Why Legal Guidance is Important

Wrongful death cases can be legally complex, and disputes over who has the right to file a claim can arise. Consulting an experienced wrongful death attorney ensures that your case is handled correctly, deadlines are met, and your family’s rights are fully protected.

Contact Us Today

If you need an Atlanta wrongful death lawyer, we’re here to help. Contact us today for a free consultation to discuss your case and understand your legal options.