When a fatal accident occurs, families often want to know whether they have the legal right to pursue a wrongful death claim.
Georgia law outlines a specific order of priority for who may file a lawsuit after a wrongful death.
Understanding these rules is an important step when considering legal action.
Georgia's Order of Priority to File
- The surviving spouse (files for themselves and any children).
- The children, if there is no surviving spouse.
- The parents, if there is no spouse or children.
- The estate representative, for certain financial-loss (survival) claims.
The Surviving Spouse
In most cases, the surviving spouse has the first legal right to file a wrongful death claim.
If the couple had children, the spouse typically files the lawsuit on behalf of both themselves and the children.
Georgia law ensures the spouse receives at least one-third of any financial recovery.
Children of the Deceased
If the deceased person was not married at the time of death, their children may file the wrongful death claim.
Children may seek compensation for the full value of the life of the deceased.
You can learn more about how damages are calculated in What Damages Are Available in a Georgia Wrongful Death Claim.
Parents of the Deceased
If the deceased person had no spouse or children, the parents may have the right to file the claim.
This situation commonly arises when a young adult or unmarried individual dies in an accident.
The Estate Representative
In some circumstances, the personal representative of the estate may file certain claims related to financial losses.
These may include:
- medical expenses before death
- funeral expenses
- pain and suffering before death
These claims are often known as survival actions. You can read more in Understanding Two Types of Claims After a Fatal Accident.
Not Sure Who Should File the Claim?
When more than one family member may be eligible, filing correctly matters. Morrison & Hughes makes sure the claim is brought by the right person and that every eligible family member is represented. The consultation is free, and there's no fee unless we win.
Why Legal Guidance Matters
Determining who should file a wrongful death lawsuit can become complicated when multiple family members are involved.
Filing incorrectly may delay the case or create legal disputes.
An experienced attorney can help ensure the claim is filed properly and that all eligible family members are represented.
Speak With an Atlanta Wrongful Death Lawyer
Families dealing with the loss of a loved one should not have to navigate complex legal questions alone.
The attorneys at Morrison & Hughes provide compassionate representation for families seeking justice after preventable tragedies.
Visit our Atlanta Wrongful Death Attorneys page or call 404-LAW-TEAM to discuss your situation.
