Who Can File a Wrongful Death Lawsuit in Georgia? | 770GoodLaw
Losing a loved one due to someone else’s negligence is devastating. Beyond the emotional pain, families are often left with financial burdens from medical bills, funeral costs, and lost income. In Georgia, state law determines who is eligible to file a wrongful death lawsuit and seek compensation for the loss.
At 770GoodLaw, we help families navigate wrongful death claims, ensuring they receive justice and financial security after a tragic loss. If your loved one’s death was caused by negligence, recklessness, or intentional misconduct, we are here to fight for your family’s rights.
Who Is Eligible to File a Wrongful Death Claim in Georgia?
Under Georgia law (O.C.G.A. § 51-4-2), only certain family members or representatives of the deceased’s estate can file a wrongful death lawsuit. The order of eligibility is as follows:
1. The Surviving Spouse
The surviving spouse has the first right to file a wrongful death claim. If the deceased had minor children, the spouse must share the compensation with them. However, the spouse will receive at least one-third of the total settlement, regardless of the number of children.
2. The Children of the Deceased
If there is no surviving spouse, the deceased’s children can file a wrongful death claim. This includes both biological and legally adopted children.
3. The Parents of the Deceased
If the deceased was unmarried and had no children, the parents have the legal right to bring a wrongful death lawsuit.
4. The Estate Representative
If no spouse, children, or parents survive the deceased, a personal representative of the deceased’s estate may file the claim. In this case, any damages recovered are distributed to the deceased’s heirs according to Georgia’s inheritance laws.
If you’re unsure whether you have the right to file a wrongful death claim, contact 770GoodLaw for a free consultation.
What Compensation Can Be Recovered in a Wrongful Death Lawsuit?
A wrongful death claim allows families to seek economic and non-economic damages, including:
Economic Damages
- Medical expenses for treatment before the deceased’s passing
- Funeral and burial costs
- Lost wages and future earnings
- Loss of financial support
Non-Economic Damages
- Pain and suffering experienced by the deceased before death
- Loss of companionship and emotional distress for surviving family members
- Loss of parental guidance for children
If the at-fault party’s actions were especially reckless or intentional, courts may also award punitive damages to punish the responsible party and deter similar behavior.
How Long Do You Have to File a Wrongful Death Lawsuit in Georgia?
Georgia law sets a Statute of Limitations of two years from the date of death for filing a wrongful death claim. Failing to file within this period could result in the loss of your right to compensation.
However, some factors may extend or pause this deadline:
- If a criminal investigation related to the death is ongoing, the statute may be paused.
- If the deceased’s estate has not been settled, the filing deadline may be extended.
Because time is limited, it’s crucial to contact 770GoodLaw as soon as possible to discuss your legal options.
Why Choose 770GoodLaw for Your Wrongful Death Case?
At 770GoodLaw, we are committed to helping families who have lost loved ones due to wrongful death by providing:
- Aggressive Legal Advocacy – We fight for maximum compensation against negligent parties and insurance companies.
- Thorough Case Investigations – We gather medical records, accident reports, witness statements, and expert testimony to strengthen your case.
- Trial-Ready Representation – If a fair settlement is not offered, we are prepared to take your case to court.
- No Upfront Fees – We work on a contingency fee basis, meaning you pay nothing unless we win your case.
If your loved one’s death was caused by negligence, call 770GoodLaw today for a free consultation. Let us fight for the justice and compensation your family deserves.
