The loss of a loved one in an accident is one of the most devastating things a family can go through. The unexpected death caused by someone else’s negligence adds extra trauma to an already traumatic situation. Under Georgia law, you can file a wrongful death lawsuit if you meet the requirements. This can help you and your family receive compensation from the responsible party.
At Underwood Law, LLC, our Georgia wrongful death attorneys are here to help. We help you transition through this difficult period and seek the compensation you’re owed.
Georgia Recognizes Two Types of Claims After a Person Passes
Before discussing who can file, it’s important to understand that Georgia allows two separate claims:
- The Wrongful Death Claim: This seeks compensation for the full value of the life of the deceased, measured from the perspective of the person who passed away. It includes both economic and intangible losses.
- The Estate Claim (Survival Action): This is filed on behalf of the deceased’s estate and covers medical bills, funeral expenses, and pain and suffering experienced before death.
Different people may have the right to file each claim, depending on their relationship to the deceased.
Primary Right to File: The Surviving Spouse
Under Georgia law, the surviving spouse has the first and strongest right to file a wrongful death claim. If the deceased was married at the time of death, the spouse is the person who must bring the action.
Key points:
- The spouse represents the interests of any minor children.
- If there are children, the spouse must share the recovery with them.
- The spouse must receive at least one-third of the total compensation, no matter how many children there are.
This ensures the spouse is never left with less than a third of the recovery, even in large families.
If There Is No Surviving Spouse: The Children May File
If the deceased was not married, the children have the right to file the wrongful death claim. This includes:
- Biological children
- Legally adopted children
- Adult children
Georgia does not require children to be minors to file. If multiple children exist, they share the recovery equally.
If There Is No Spouse or Children: The Parents May File
When a person dies without a spouse or children, the right to file passes to the parents. Georgia law treats both parents equally, regardless of whether they are married, divorced, or separated.
Important considerations:
- If the parents cannot agree on pursuing the claim, a court may appoint a representative.
- If one parent is absent or has abandoned the child, the other parent may be granted full authority.
If No Spouse, Children, or Parents Exist: The Estate Representative Files
If none of the above family members are available, the wrongful death claim may be filed by the personal representative (executor or administrator) of the deceased’s estate.
The estate representative can file:
- The wrongful death claim
- The estate claim (survival action)
However, the compensation for the wrongful death portion ultimately goes to the deceased’s next of kin, as determined by Georgia’s inheritance laws.
Special Situations in Georgia Wrongful Death Cases
Georgia’s wrongful death hierarchy is straightforward, but certain situations create additional considerations:
Minor Children
If minor children are beneficiaries, the court may require a conservatorship to manage their portion of the recovery.
Separated but Not Divorced Spouses
A spouse who is legally married, even if separated, still has priority to file.
Adoptive Parents and Children
Legally adopted relationships carry the same rights as biological ones.
Unmarried Partners
Georgia does not allow unmarried partners, fiancés, or long-term companions to file unless they are the estate representative.
Consult a Georgia Wrongful Death Attorney for Help With Your Case
Wrongful death claims are incredibly important, as they can help your family recover compensation after a terrible loss. While nothing can bring back the loved on you lost, it can hold the party responsible for their death accountable and help repair the financial impact of the loss.
Our team at Underwood Law, LLC are ready to help with your needs. Contact us today for a consultation.
