- How a Wrongful Death Attorney Can Help
Who Can File a Wrongful Death Lawsuit in Georgia?
Losing a loved one due to someone else’s negligence or wrongful actions is devastating. In Georgia, wrongful death laws allow certain family members to seek justice and financial compensation for their loss. However, only specific individuals have the legal right to file a wrongful death lawsuit, and understanding who is eligible is crucial for ensuring the claim is handled correctly.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal claim brought against a person, business, or entity responsible for causing someone’s death through negligence, recklessness, or intentional harm. These claims allow surviving family members to pursue compensation for financial and emotional losses, such as:
- Medical bills related to the deceased’s injuries
- Funeral and burial expenses
- Loss of income and benefits the deceased would have provided
- Pain and suffering experienced by the family
Wrongful death claims are separate from criminal cases. While criminal charges may result in jail time or fines, a wrongful death lawsuit focuses on securing financial compensation for the deceased’s family.
Who Can File a Wrongful Death Lawsuit in Georgia?
Georgia law establishes a hierarchy for who can legally file a wrongful death claim. The right to file follows a specific order, and if a person higher in the hierarchy exists, those lower in the order typically cannot file the claim.
1. The Deceased’s Spouse
The surviving spouse has the first legal right to file a wrongful death lawsuit in Georgia. If the deceased had minor children, the spouse must represent their interests in the claim. However, the spouse will receive no less than one-third of the total settlement, regardless of the number of children involved.
2. The Deceased’s Children
If the deceased had no surviving spouse, their children have the legal right to file a wrongful death claim. This applies to both minor and adult children. If the children are under 18, a guardian may need to manage the claim on their behalf.
3. The Deceased’s Parents
If the deceased had no spouse or children, either parent has the right to file a wrongful death lawsuit in Georgia. Parents of minor children and adult children can pursue compensation for the emotional and financial losses resulting from their child’s untimely death.
4. The Estate Representative
If the deceased has no surviving spouse, children, or parents, a representative of the deceased’s estate can file the wrongful death lawsuit. In this case, any compensation awarded is held by the estate and distributed to the deceased’s next of kin, according to Georgia’s inheritance laws.
Who Cannot File a Wrongful Death Lawsuit in Georgia?
Because Georgia law follows a strict hierarchy, certain family members cannot file a claim if someone higher in the legal order is available. The following individuals typically do not have standing to file a wrongful death lawsuit:
- Siblings of the deceased, unless they are the legal representative of the estate
- Grandparents, aunts, uncles, or cousins, unless named as estate representatives
- Long-term partners or fiancés, unless legally married to the deceased
- Close friends who were emotionally or financially dependent on the deceased
Since wrongful death claims are complex, consulting an experienced wrongful death attorney can help determine who has the legal right to file and how to proceed with the case.
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
When a wrongful death lawsuit is successful, the surviving family may receive compensation for both financial and emotional losses. Damages in a wrongful death case typically include:
Economic Damages
✔ Medical expenses for the deceased’s final treatments
✔ Funeral and burial costs
✔ Loss of the deceased’s wages and financial contributions
✔ Loss of inheritance or benefits the deceased would have provided
Non-Economic Damages
✔ Pain and suffering experienced by surviving family members
✔ Loss of companionship, care, and guidance
✔ Emotional distress caused by the wrongful death
Estate Claims
✔ Pain and suffering experienced by the deceased before their death
✔ Medical costs paid by the estate before death
Time Limits for Filing a Wrongful Death Lawsuit in Georgia
In Georgia, families have limited time to file a wrongful death lawsuit. The statute of limitations is two years from the date of death. However, this time limit can be extended or shortened in certain cases:
- If the wrongful death involves a criminal case, the deadline may be paused until the case is resolved.
- If the deceased’s estate is not settled, the deadline may be extended to five years.
- If the wrongful death was caused by a government agency, special deadlines may apply.
Failing to file within the statute of limitations can result in losing the right to compensation, so it’s crucial to take legal action as soon as possible.
How a Wrongful Death Attorney Can Help
Filing a wrongful death lawsuit is a complex legal process, and insurance companies often try to minimize or deny claims. Working with an experienced wrongful death attorney ensures that:
- The right family member files the claim according to Georgia law
- All legal deadlines are met to preserve the right to compensation
- Insurance companies don’t take advantage of grieving families
- Maximum compensation is pursued for financial and emotional losses
A knowledgeable wrongful death lawyer will investigate the case, gather evidence, and fight for justice on behalf of the deceased’s family.
How 770GoodLaw Can Help
At 770GoodLaw, we understand how overwhelming and painful a wrongful death case can be. Our attorneys are committed to helping families get the compensation they deserve while holding negligent parties accountable.
Why Choose 770GoodLaw?
✔ Free consultations to discuss your case
✔ No upfront fees – You pay nothing unless we win
✔ Aggressive negotiations to secure the highest compensation possible
✔ Trial-ready lawyers prepared to take your case to court if necessary
If your loved one’s death was caused by someone else’s negligence, don’t wait. Contact 770GoodLaw today for a free consultation, and let us fight for the justice your family deserves.
