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Justice for Deceased Accident Victims: Georgia Wrongful Death Claims

Who can file a wrongful death claim in Georgia?

Losing your spouse, child, or another relative is tragic, no matter the circumstances, but when your loved one is killed unexpectedly due to the negligent actions of another, the loss is unfathomable.  Over 100,000 Americans are killed in accidents each year, as reported by the National Safety Council.  Many of these accidents are caused by the negligence or recklessness of others.  Car accidents, medical malpractice, and slip and falls are just some of the many accidental deaths that could give rise to a wrongful death claim.  Our Marietta, Georgia wrongful death attorneys offer an overview of wrongful death actions in the state.

What is a wrongful death lawsuit?

When someone dies due to the fault of another person or entity, such as a corporation, the survivors may be able to file a wrongful death lawsuit.  This unique personal injury claim allows survivors to obtain compensation for their losses associated with the untimely death of their loved one.

Who can bring a wrongful death claim?

In Georgia, your right to bring a wrongful death lawsuit will depend on your relation to the deceased accident victims, as well as the status of other survivors.  Georgia law creates a hierarchy of relatives who will have standing to sue for wrongful death.  The hierarchy is:

  • Spouse and children:  If the decedent has a living spouse, the spouse has the right to file a wrongful death claim.  If the accident victim has a spouse and children, then the spouse must file on behalf of him or herself and the children, with one third of the award going to the spouse and the remainder to the children.
  • Children:  If the accident victim is survived by children but not married, the children have the first right to file a wrongful death action and the award will be split evenly among them.
  • Parent:  Surviving parents can file a wrongful death lawsuit following the loss of a child, if the child was not married and did not have children.
  • Estate:  The estate, represented by the personal representative, can bring an action if no other survivors exist.

While a wrongful death claim cannot bring back your loved one, it can reduce the financial impact of your loss.  Contact our Georgia wrongful death attorneys at Randall F. Rogers, PC, for assistance with your claim.

Posted in: Wrongful Death