Who Can Sue for Wrongful Death in Georgia?

Losing a family member in an accident is heartbreaking, particularly if they died because of someone else’s actions. If this has recently happened to you in Atlanta, you may wonder who can sue for wrongful death in Georgia. Understanding who can file a wrongful death lawsuit is the first step in holding the liable party accountable for their actions.

The Atlanta wrongful death lawyers at Jonathan R. Brockman, P.C. understand your desire for justice after a family member’s untimely death. Keep reading to find out who can sue for wrongful death in Georgia and how to get started.

What Defines a Wrongful Death in Georgia?

Georgia’s Wrongful Death Act says a wrongful death is any death resulting from negligence, a defective product, or a crime. Essentially, if someone in your family died because of someone else’s intentional or careless actions, you might have a case.

For example, if someone in your family died because someone shot or stabbed them, that would be a wrongful death. In this example, the perpetrator intentionally injured your family member, making them liable for your family member’s death.

Many wrongful deaths in Georgia do not involve intentional violence, though. Instead, they result from someone’s negligent actions. A sadly common example of wrongful deaths is fatal car accidents. Georgia drivers have a responsibility to avoid injuring other drivers, meaning they may be liable if they kill someone. If you have questions about whether you have a valid case, talk to a lawyer.

Who Can File a Wrongful Death Lawsuit in Georgia?

The Georgia Code outlines who has the right to file a wrongful death lawsuit after a family member’s death. The first person eligible to file a wrongful death claim is the deceased’s surviving spouse. If there is no surviving spouse, the right to file passes to the deceased’s children, regardless of whether they are minors or adults.

There are cases where a surviving spouse files the wrongful death claim and then passes away while the case is still ongoing. If this happens, the right to continue the lawsuit shifts to the children. Similarly, if a child or children file a claim and one of them dies during the process, the surviving children can continue the lawsuit. When minor children are involved, and there is no surviving spouse, a guardian or a representative must handle the lawsuit.

Finally, the law also states the surviving spouse and children must divide any money recovered from the lawsuit equally. The surviving spouse receives at least one-third of the total amount. If there is no surviving spouse, the deceased’s surviving children divide the compensation equally.

Potential Compensation from a Georgia Wrongful Death Claim

Surviving family members can claim substantial compensation in a Georgia wrongful death claim, including money for:

• Loss of the deceased’s income
• Loss of companionship and care
• Medical expenses related to the deceased’s final injury or illness
• Funeral and burial costs
• Pain and suffering the deceased endured before their death
• Loss of inheritance due to the deceased’s untimely death

Common Examples of Wrongful Deaths in Georgia

Some common examples in Georgia include:

• Car Accidents: Many wrongful death cases arise from car accidents resulting from careless or impaired drivers. These accidents can lead to fatal injuries.
• Medical Malpractice: A healthcare provider’s negligence, such as a misdiagnosis or surgical error, can cause a patient’s death. When this happens, it may lead to a wrongful death claim.
• Workplace Accidents: Dangerous work environments or unsafe practices can lead to fatal workplace accidents, particularly in construction or industrial jobs.
• Defective Products: Faulty products, such as defective vehicles or unsafe household items, can cause fatal injuries. These incidents frequently lead to wrongful death claims against the manufacturer.
• Premises Liability: Property owners may be liable if someone dies due to unsafe conditions on their property. Slip-and-fall accidents or inadequate security are two common causes of wrongful deaths related to premises liability.

Deadline to File a Georgia Wrongful Death Lawsuit

The typical deadline to file a wrongful death lawsuit in Georgia is two years from the deceased’s death. However, we recommend you contact an attorney right away if someone in your family died because of someone else’s actions. Critical evidence can disappear or deteriorate quickly, and immediate legal action gives you the best chance of recovering fair compensation.

Contact a Georgia Wrongful Death Lawyer Now

You deserve justice and fair compensation if someone else’s actions wrongfully caused your family member’s death. The Atlanta wrongful death attorneys at Jonathan R. Brockman, P.C. can enforce your rights while you and your family grieve and heal. Call (770) 205-8827 now or complete our contact form for a free consultation.