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Who Can Sue For Wrongful Death In Georgia?


Losing someone you love in an accident is one of the most agonizing things you can experience. If the accident was due to someone’s negligence, you could be compensated for your losses. Find out more about wrongful death laws in Georgia in this article, and contact our wrongful death attorney in Atlanta for additional legal information.

The Georgia Wrongful Death Act

Just because you want to sue someone for wrongful death does not mean you can. The Georgia Wrongful Death Act contains precise language about who can file a claim on behalf of the deceased. The law states that a wrongful death claim can only be filed by the following persons:

  • The spouse of the deceased
  • If the deceased did not have a spouse, the children can file a claim
  • If there is no spouse or children, the living parents can file
  • If there is no spouse, children, or living parents, then the right to sue goes to the administrator of the deceased’s estate

While some states sometimes allow other family members – such as siblings, cousins, and aunts and uncles – to file a claim, Georgia is not one of them. If you have questions about whether you have standing to sue for wrongful death, Shani O. Brooks would be pleased to speak with you today.

What Is The Georgia Wrongful Death Statute Of Limitations?

The statute of limitations to file a wrongful death lawsuit in Georgia is usually two years from the date of the person’s death. Depending on the case circumstances, however, the time limit could vary.

For instance, if a department of the state or federal government is potentially at fault for your loved one’s death, the deadline could be six months or a year from the date of the death.

Furthermore, if your loved one died because of a Georgia law violation, such as DUI, the statute of limitations to file a lawsuit could be paused pending the criminal case’s outcome against the defendant.

How Does A Georgia Wrongful Death Claim And An Estate Claim Differ?

A wrongful death claim in Georgia is for the full value of the decedent’s life from that person’s eyes. In this state, the jury is asked to consider what the person’s life means from the point of view of the person who died in the accident.

The ‘full value of life’ has two parts, with the first being the intangible value of life. This includes spending time with our loved ones, raising children, and engaging in daily activities. The second part consists of the economic value of one’s life, including the money the person would have made if they had lived.

On the other hand, an estate claim allows the grieving family to receive compensation for medical bills before the person’s death, pain and suffering of the deceased, and funeral expenses.

Our Wrongful Death Attorney In Atlanta Is Ready To Fight For You

If you lost a loved one in a tragic accident recently, there is nothing that will ease your pain or bring him or her back. These truths, however, do not mean that the responsible person or entity should get off without being held responsible. They must be held accountable for their negligence, and our Atlanta wrongful death attorneys at Shani O. Brooks PC will fight hard for the compensation you deserve. For additional information, call (404) 920-4736 today to schedule a consultation.

Shani O. Brooks Has Recovered Millions for Injury Victims Throughout the Greater Atlanta Area