Who Can File a Wrongful Death Suit in Georgia?

Losing a loved one is never easy, and in some cases, the grief only grows if the death was preventable. In Georgia, you may have a right to file a wrongful death lawsuit if a family member passed away because of another’s carelessness. Georgia law sets out a strict order of priority for who can file a wrongful death lawsuit, starting with the surviving spouse and extending to children, parents, or the estate if necessary.

The surviving spouse, children, parents, and sometimes estate representatives all have roles to play. It is important that you understand these requirements to make sure that your claim is valid and that you file it properly.

Hire a Wrongful Death Lawyer

At The Tolson Firm, LLC, founding attorney Audrey Tolson brings more than 30 years of experience handling wrongful death and medical malpractice claims across Georgia. Recognized by Super Lawyers, the National Trial Lawyers Top 100, and the American Association for Justice, she has recovered tens of millions of dollars for grieving families.

As a proud Black attorney, Audrey Tolson combines award-winning legal skill with compassion, ensuring every client receives dedicated guidance and trusted representation.

The Role of a Surviving Spouse in Filing a Wrongful Death Claim

About 5,500 Georgians died of unintentional injuries in 2020. Unintentional injuries are the leading cause of death for Georgians between the ages of 1 and 44, and the fourth leading cause overall, behind heart disease, cancer, and COVID-19.

A surviving spouse in Georgia holds exclusive precedence to initiate a wrongful death lawsuit. This right also includes the ability to file a claim on behalf of any minor children of the deceased victim. The surviving spouse is entitled to at least one-third of the recovery regardless of the number of children. This ensures that the spouse is financially protected from the loss.

By filing, the spouse can make a claim for damages to recover the “full value of the life” of the deceased, including economic and intangible contributions. This priority is given to make the process easier on the surviving spouse during a time of great grief and uncertainty.

Rights of Children When No Spouse Survives

Georgia also permits a wrongful death suit to be filed by the children if there is no surviving spouse. All the children, whether dependent or not, and whether minors or adults, share in the recovery equally.

Thus, adult children are not excluded from bringing a claim as the loss of a parent is compensable regardless of the child’s age. In this way, a child can recover for both the pecuniary and intangible value of a parent.

Parents’ Rights to File a Wrongful Death Claim

When a decedent leaves no spouse or children, his or her parents are entitled to file suit for wrongful death. This provision guarantees that parents have the right to hold someone accountable for the wrongful death of their child. If both parents are still living, they are to share equally in the recovery, whether they are still married or have separated.

The surviving parent has the right to file suit if only one is alive. This statute considers the emotional and financial loss suffered when the death of a child is caused by another’s negligence.

The Role of the Estate Representative

In cases where there is no spouse, child, or parent, Georgia law allows the personal representative of the estate of the deceased person to file a wrongful death action. The estate’s personal representative, who serves as executor or court-appointed administrator, may bring forward a wrongful death lawsuit on behalf of the closest family members. Any damages collected would be distributed to the heirs as part of the estate according to inheritance laws.

FAQs

Who Has the First Right to File a Wrongful Death Claim in Georgia?

In Georgia, the wrongful death lawsuit is initiated by the surviving spouse. The spouse also files on behalf of any minor children, but the spouse is entitled to at least one-third of the recovery, even if there are minor children. It is the surviving spouse’s right to bring a wrongful death action, and they should file promptly to ensure a better opportunity to provide for their family and to bring a negligent party to account for a preventable death.

Can Children File a Wrongful Death Suit in Georgia?

Children can bring a wrongful death claim in the absence of a surviving spouse. Under Georgia law, children recover equally in the wrongful death action, notwithstanding age. Hence, adult children may file a wrongful death suit along with minor children. In a wrongful death action, children may recover damages for the financial support and value a parent provided to them, and can hold a negligent party responsible for a preventable death.

Do Parents Have the Right to File a Wrongful Death Claim?

The cause of action for wrongful death belongs to the parents of the deceased when there is no surviving spouse or children. The parents include the mother and father, whether they are married, living together, or have been divorced. If only one parent survives, that person has the right to file the lawsuit.

What Damages Are Recoverable in a Georgia Wrongful Death Lawsuit?

Damages for a Georgia wrongful death are determined by the “full value of the life” of the person who died. This can include tangible factors, such as the financial contributions made through income or household support, and intangible factors, such as companionship and guidance. Related claims can also be brought for things like medical expenses, funeral costs, and pain and suffering. A wrongful death attorney can review your case and identify which damages apply.

Georgia Wrongful Death Attorney

When a person you love dies because of someone else’s negligence, it is an unimaginable tragedy. When that person is your spouse, your child, your parent, or someone else you love, finding out who can file a wrongful death claim in Georgia can help you get justice for your family.

The Tolson Firm, LLC is committed to making sure that your family has a voice in court. Our founding attorney, Audrey Tolson, has spent three decades fighting for the rights of accident victims. We can help you hold negligent people and companies accountable. If your family is suffering because of a wrongful death, contact us today.