Atlanta Wrongful Death Attorney

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Who Can File a Wrongful Death Claim?

Not every individual who had a relationship with a wrongful death victim is legally able to file a lawsuit. In order to file a claim, you must have suffered damage because of the individual’s death. In the state of Georgia, individuals who can file a wrongful death suit include:

The deceased person’s spouse.

Under Georgia law, the victim’s surviving spouse is the first person who has a right to file a wrongful death lawsuit. If the couple had minor children at the time of the victim’s death, the spouse must also represent the interests of these children in the lawsuit. If the spouse’s case is successful, a portion of the damages will be awarded to the children.

The deceased person’s children.

If the deceased individual does not have a surviving spouse, the individual’s children have the right to file a lawsuit. If the lawsuit is successful, the damages will be divided evenly among the children.

Surviving parents of the deceased.

If the deceased person does not have a surviving spouse or children who are able to file a lawsuit, a surviving parent can file a claim.

Estate representative.

If no surviving spouse, children, or parents exist—or if surviving parents have the right to file a claim but elect not to—the personal representative of the deceased person’s estate can file a wrongful death lawsuit. In such cases, damages awarded become the property of the estate and will be passed to the deceased person’s beneficiaries.