A wrongful death occurs when someone dies due to the negligent, reckless, or intentional actions of another party. In Georgia, wrongful death claims are designed to seek justice for the surviving family members and provide financial compensation for their loss. However, not everyone is eligible to file a wrongful death claim in the state.
Understanding who can file a wrongful death claim in Georgia will help you navigate the legal complexities.
The Surviving Spouse
In Georgia, the first individual with the right to file a wrongful death claim is the surviving spouse of the deceased. The spouse can also represent the interests of any minor children.
If there are children, the spouse must divide the compensation with them, although the spouse is entitled to no less than one-third of the total recovery. It ensures that both the spouse and the children are financially supported after the death of their loved one.
The Children of the Deceased
If there is no surviving spouse, the right to file a wrongful death claim passes to the surviving children of the deceased.
Adult children, in particular, have the legal standing to file a claim. It includes biological and legally adopted children. The compensation received can help provide financial security for the children, especially if the deceased was the primary breadwinner or caregiver.
The Parents of the Deceased
If the deceased had no spouse or children, the parents of the deceased may file a wrongful death claim. This option is particularly relevant when the deceased was a young adult or minor who had not yet started a family.
In some cases, parents may also file a claim if they are financially dependent on the deceased.
Book Your Legal Consultation in Atlanta, GA
Filing a wrongful death claim in Georgia is a complex process that requires a clear understanding of who has the legal standing to do so. The surviving spouse, children, parents, or estate representatives may have the right to seek compensation for the loss of a loved one.
It’s important to work with an experienced wrongful death attorney to navigate the legal requirements. Call us at 404-252-8117 and schedule an appointment with Robbins Law Offices.