TL;DR:
Only certain family members: spouses, children, parents, or a personal representative of the estate are legally allowed to file a wrongful death lawsuit in Georgia, per O.C.G.A. § 51-4-2.
Key Highlights:
- Spouse is the primary party eligible to file, receiving at least one-third of the settlement, regardless of the number of children.
- If no spouse, children can file.
- If no spouse or children, parents may file.
- If none of the above exist, the estate representative can sue on behalf of heirs.
Tragic accidents caused by negligence or misconduct claim thousands of lives in Georgia each year, leaving families devastated and facing unexpected financial burdens. While state law allows certain individuals to pursue a wrongful death lawsuit, not everyone affected by the loss has the legal right to file a claim.
According to Georgia’s wrongful death statute (O.C.G.A. § 51-4-2), only specific family members—such as spouses, children, or parents—can seek compensation for medical bills, lost income, funeral expenses, and the emotional impact of losing a loved one. In some cases, if no immediate family members are available, the right to file may pass to the personal representative of the deceased’s estate.
Understanding who can file a wrongful death lawsuit in Georgia is the first step toward seeking justice. This guide explains who is eligible, how claims are prioritized, and what damages may be recovered under state law.
Who Has the Right to File a Wrongful Death Lawsuit in Georgia?
Georgia law (O.C.G.A. § 51-4-2) establishes a strict order of priority for filing a wrongful death claim. The right to file follows a specific hierarchy:
1. The Surviving Spouse
The first and primary person eligible to file a wrongful death lawsuit is the spouse of the deceased. If the deceased had minor children, the spouse must also represent their interests in the lawsuit. However, regardless of the number of children, the spouse must receive at least one-third of the total compensation (O.C.G.A. § 51-4-2(a)).
2. The Children of the Deceased
If there is no surviving spouse, the right to file passes to the children of the deceased. This includes both biological and legally adopted children. If any children are minors, a legal guardian may be appointed to act on their behalf (O.C.G.A. § 51-4-2(b)).
3. The Parents of the Deceased
If the deceased was unmarried and had no children, their parents have the right to file the claim (O.C.G.A. § 51-4-2(c)). Both biological and adoptive parents are eligible. If the parents are divorced or separated, both still retain their rights to file.
4. The Estate Representative
If no spouse, children, or parents are alive, the lawsuit may be filed by the personal representative of the deceased’s estate (O.C.G.A. § 51-4-5). Any damages recovered in this case go to the deceased’s heirs, as outlined in Georgia’s inheritance laws.
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
Georgia law divides wrongful death damages into two categories:
1. Full Value of the Deceased’s Life (O.C.G.A. § 51-4-2)
This includes both economic and non-economic losses:
- Lost wages and benefits the deceased would have earned
- Loss of companionship, guidance, and emotional support
- Loss of care and protection the deceased provided
2. Financial Losses Related to the Death (O.C.G.A. § 51-4-5)
This category covers the direct expenses incurred due to the wrongful death, including:
- Medical expenses related to the fatal injury
- Funeral and burial costs
- Pain and suffering endured by the deceased before passing (if applicable)
How to File a Wrongful Death Claim in Georgia
Filing a wrongful death lawsuit involves several legal steps. Here’s what the process looks like:
Step 1: Determine Eligibility to File
Before taking legal action, confirm who has the right to file the lawsuit (O.C.G.A. § 51-4-2, O.C.G.A. § 51-4-5). This ensures the case is filed by the correct party.
Step 2: Gather Necessary Evidence
A strong wrongful death claim requires substantial evidence, including:
- Medical records
- Police or accident reports
- Witness statements
- Proof of financial losses (lost income, funeral costs, etc.)
Step 3: Consult a Wrongful Death Lawyer
Wrongful death cases are legally complex. A skilled Atlanta wrongful death attorney can guide you through Georgia’s legal system, ensuring your case is properly handled.
Step 4: File the Lawsuit Within the Statute of Limitations
Under Georgia law (O.C.G.A. § 9-3-33), wrongful death lawsuits must be filed within two years from the date of death. If the claim is not filed within this timeframe, the right to seek compensation may be lost.
Step 5: Negotiations and Settlement Discussions
Many wrongful death cases settle before trial. The attorney will negotiate with the at-fault party’s insurance company to secure a fair compensation amount.
Step 6: Going to Trial (If Necessary)
If a fair settlement cannot be reached, the case proceeds to trial, where a judge or jury will determine liability and damages.
How Our Wrongful Death Lawyer Can Help You
Filing a wrongful death lawsuit can be overwhelming, but you don’t have to do it alone. An experienced Atlanta wrongful death accident lawyer can help by:
- Investigating the circumstances of the death
- Collecting and presenting strong evidence
- Negotiating with insurance companies
- Filing the lawsuit within legal deadlines
- Representing you in court if necessary
If you have lost a loved one and need legal guidance, contact us for a free evaluation today.
Conclusion
Understanding who can file a wrongful death lawsuit in Georgia is essential when seeking justice. Georgia law gives priority to spouses, children, parents, and estate representatives to file the claim. Filing a lawsuit requires strong evidence, legal expertise, and timely action within Georgia’s two-year statute of limitations (O.C.G.A. § 9-3-33).To get expert legal assistance, contact us for a free evaluation today.
