In Georgia, the surviving spouse generally has the first right to file a wrongful death claim, and the claim must be brought within two years of the date of death. If there are children, the spouse generally represents their interests too, subject to Georgia’s rules about how recovery is shared.
If there is no surviving spouse, the children may have the right to file. If there is no spouse and no children, the personal representative of the estate may bring the claim for the next of kin.
