Posted on Wednesday, September 3rd, 2025 at 10:19 am
Losing a sibling is devastating, especially when their death was caused by someone else’s negligence or wrongdoing. It’s natural to want justice, but many people wonder if they have the legal standing to do something about it. In Georgia, the law sets specific rules about who can file a wrongful death claim. If you’re a brother or sister of the person who passed away, you might ask yourself whether you have any legal rights in this situation.
What Georgia Law Says About Wrongful Death Claims
Georgia’s wrongful death statute allows certain family members to file a lawsuit when someone dies due to the wrongful or negligent acts of another. This kind of lawsuit is meant to seek compensation for the full value of the life of the deceased. The law outlines a strict order of who may file:
- The surviving spouse of the deceased has the first right.
- If there is no spouse, the surviving children may file.
- If there is no spouse or children, the parents of the deceased may file.
- If none of the above relatives are living or willing to act, the personal representative of the estate can pursue a claim on behalf of the estate.
As you can see, siblings are not mentioned in this list unless they are also the legal representative of the estate. This means that in most cases, brothers and sisters cannot file a wrongful death claim on their own.
When Siblings Might Still Have a Role
Although siblings are not first in line under Georgia’s law, there are still circumstances where they may be involved.
If all the eligible parties listed above are either deceased or choose not to pursue the claim, and you are appointed as the personal representative of your sibling’s estate, you may then be able to file the claim on behalf of the estate. This allows the estate to seek damages, such as medical bills, funeral expenses, and other costs tied to the death.
Additionally, if there is a successful claim and you are a beneficiary under the deceased’s will or under Georgia’s intestate succession law, you could potentially receive part of the settlement or jury award. But this depends on whether you are legally entitled to inherit from the estate.
Filing Through the Estate
If there’s no surviving spouse, child, or parent, the estate’s representative becomes key. This is typically someone appointed by the probate court. If you are a sibling and want to pursue legal action, you may need to petition to be appointed as the administrator or executor of your sibling’s estate.
Once appointed, you would have the authority to pursue a wrongful death action under the estate’s name. While this route doesn’t directly give siblings the right to sue on their own behalf, it creates a legal pathway for them to take action and potentially recover damages for the estate’s losses.
Types of Damages That Can Be Recovered
There are two types of claims in a Georgia wrongful death case: the full value of the life of the deceased and the estate claim.
The first, typically filed by family members, covers the loss of life from the perspective of the deceased. This includes both economic and intangible losses such as:
- Lost income and benefits the person would have earned
- Loss of care, companionship, and enjoyment of life
The estate claim, which can be filed by the personal representative, includes:
- Medical expenses related to the final injury
- Funeral and burial costs
- Pain and suffering experienced before death
Siblings who file as estate representatives are limited to the second type of claim unless they fall within the legal line of family members eligible to pursue the first.
Practical Steps Siblings Can Take
If you are the sibling of someone who died wrongfully in Georgia and you’re considering your legal options, here are some practical steps:
- Find out who has priority to file
Determine whether the deceased had a spouse, children, or surviving parents. If none of these exist, you may be able to petition for control of the estate. - Check if there’s a will
If your sibling left a will, it may name a personal representative. If not, the court will appoint one. - Speak with a wrongful death attorney
Even if you aren’t eligible to file directly, an attorney can help you understand your options, especially if you want to act on behalf of the estate. - Gather evidence quickly
Wrongful death claims are subject to time limits. In Georgia, the statute of limitations is generally two years from the date of death. That may seem like plenty of time, but the legal process moves faster when key documents and evidence are preserved early.
What Happens if Multiple Family Members Disagree
Sometimes family members don’t agree on whether a claim should be filed. If, for example, a surviving parent or child chooses not to act, but you as a sibling believe it’s necessary, your only option may be to petition the probate court to become the personal representative. Courts generally follow the legal order of priority, but in some cases, siblings may be able to step in when no other party is willing or able.
The Emotional Toll of the Legal Process
Pursuing a wrongful death claim is not just a legal challenge—it’s an emotional one. For siblings who were close to the deceased, it can feel especially frustrating to have no automatic legal standing. Still, understanding the rules and knowing your role can help you focus on what’s possible rather than what’s not.
Conclusion
In Georgia, siblings are not usually the ones who can file a wrongful death lawsuit. But in the right circumstances—especially when there are no closer relatives or you’re appointed as the estate’s representative—you may be able to act on behalf of your loved one’s memory and seek justice.
If you’re unsure where you stand, don’t make assumptions. Talk with a personal injury lawyer who understands Georgia’s wrongful death laws and can walk you through your rights. You may not be first in line, but that doesn’t mean you’re powerless. Legal action, while complex, is still possible when approached the right way.