Who Can Sue for Wrongful Death?

Georgia’s wrongful death laws are very specific about which relatives have the legal right to bring a claim. Unlike some states, family members cannot simply choose who files the lawsuit. Instead, state law establishes a strict order of priority that determines who may pursue compensation.

Understanding these rules is key to protecting your family’s rights and ensuring accountability after a fatal accident.

A wrongful death occurs when a person dies due to another party’s negligent, reckless, or intentional actions. These claims often arise from car accidents, truck crashes, medical malpractice, defective products, workplace incidents, nursing home neglect, and acts of violence.

Under Georgia law, a wrongful death lawsuit seeks compensation for the full value of the life of the deceased, not just the financial losses suffered by the family. This includes both economic and non-economic aspects of the person’s life, such as income, benefits, relationships, and everyday enjoyment of living.

Georgia law establishes a clear hierarchy of individuals who have the legal right to file a wrongful death lawsuit.

The surviving spouse has the first right to bring a wrongful death claim in Georgia. If the deceased person was married at the time of death, the spouse is typically the party responsible for filing the lawsuit.

If the couple had children, the spouse must share any recovery with them. However, the law guarantees that the spouse receives no less than one-third of the total compensation, regardless of the number of children involved.

If there is no surviving spouse, the deceased person’s children may bring the wrongful death claim.

This includes both minor and adult children. Adopted children are treated the same as biological children under Georgia law. Stepchildren who were not legally adopted generally do not have standing to sue unless specific legal circumstances apply.

If the deceased did not have a surviving spouse or children, the right to file passes to the parents.

Even if the deceased person was an adult, parents may still pursue a wrongful death claim under Georgia law. In cases where the parents are divorced or separated, either parent may file the lawsuit, though any compensation recovered is usually divided equally.

If the deceased has no surviving spouse, children, or parents, the personal representative of the estate may bring the wrongful death lawsuit.

This is often the executor named in the will or an administrator appointed by the probate court. In these situations, compensation recovered is distributed to the deceased person’s next of kin according to Georgia intestacy laws.

Georgia law does not allow multiple wrongful death lawsuits for the same death. Only the individual with legal standing under the statutory order may file. Other family members may still share in any recovery, but they cannot bring competing claims.

Wrongful death compensation in Georgia is divided into two separate legal claims. The wrongful death action seeks damages for the full value of the life of the deceased, which includes:

A separate estate claim may recover damages such as medical expenses, funeral costs, pain and suffering before death, and other losses incurred by the estate. Together, these claims aim to provide financial stability for surviving family members while holding the responsible party accountable.

In most cases, Georgia’s statute of limitations for wrongful death claims is two years from the date of death. However, certain circumstances can alter this deadline, including:

Wrongful death lawsuits in Georgia often involve:

Each type of case involves unique legal and evidentiary challenges, making early investigation especially important.

Determining who can sue for wrongful death in Georgia is not just a technical legal issue. Filing by the wrong person can delay the case or result in dismissal, potentially jeopardizing your family’s ability to recover compensation.