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Who can file a wrongful death claim in Georgia?

On Behalf of | Nov 23, 2021 | Wrongful Death |

The sudden death of a loved one can be a devastating experience for anyone. When such death occurs due to another party’s wrongful actions, this could be grounds for a wrongful death lawsuit against the responsible party. Money cannot bring back a loved one, but it can at least compensate in some small way by helping you financially. For example, you lose your spouse. Not only do you miss out on spending your life with them, but you lose the money they would earn were they still alive. You also incur extra costs such as medical bills and funeral expenses through no fault of your own.

As with every state Georgia, has strict rules about who can sue for wrongful death

The deceased’s spouse

The first person who should file a wrongful death claim is the deceased’s spouse or legal partner. If the suit is successful, the law entitles the spouse to at least one-third of the compensation award. If there are children, they are also entitled to a share and can claim directly if there is no surviving spouse.

The deceased’s parents

If the wrongful death victim neither had a spouse nor children, a surviving parent may file a claim.

The deceased’s estate representative

If no family member is eligible to claim, the deceased’s estate representative can file. Any compensation awarded following a successful suit goes to the deceased’s next-of-kin.

The death of a loved one is a true tragedy for anyone to experience. If you have lost a loved one due to another party’s negligence, you should consider if Georgia law allows you to file a wrongful death claim against the at-fault party. 


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