Need Help Filing a Wrongful Death Claim in Georgia? Here’s What You Need to Know
When a loved one dies because of someone else’s negligence or wrongful act, the emotional and financial impact on the surviving family can be devastating. In Georgia, the law gives certain individuals the right to file a wrongful death claim—but not everyone affected by the loss is legally eligible to do so.

Understanding who can file a wrongful death claim in Georgia, what damages they can recover, and how the legal process works is essential if you’re considering seeking justice on behalf of a deceased family member.

What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when a person dies due to another party’s negligent, reckless, or intentional actions. These claims aim to compensate the surviving family for the value of the life lost, including both economic and emotional damages.

Wrongful death claims can arise from a variety of situations, such as:

•Car or truck accidents

Slip and fall incidents
Medical malpractice
Workplace accidents
Defective products
Criminal acts (in addition to criminal charges)
To learn more about the types of wrongful death cases our firm handles, visit the Wrongful Death Practice Area.

Who Can Legally File a Wrongful Death Claim in Georgia?
Georgia law is very specific about who has the legal standing to file a wrongful death claim. The right to bring the lawsuit follows a clear order of priority:

The Surviving Spouse
The first person entitled to file is the spouse of the deceased. If the couple had minor children, the spouse must also represent their interests in the claim. However, the spouse cannot receive less than one-third of the total recovery, regardless of the number of children.

The Deceased’s Children
If there is no surviving spouse, the right to file passes to the deceased’s children—whether they are minors or adults.

The Deceased’s Parents
If the deceased had no spouse or children, then either or both parents can file the claim. In some cases, courts may determine how the claim should be divided if the parents are not together or disagree.

The Administrator of the Estate
If none of the above relatives are available, the executor or administrator of the deceased’s estate may bring a wrongful death claim. In this situation, any compensation awarded is held for the benefit of the deceased’s next of kin.

For families unsure of who should file, legal guidance is essential. Learn more about initiating a claim in Steps to Take If You Suspect Wrongful Death. Visit Us:https://dpelegal.com/areas-of-practice/wrongful-death/