Georgia Wrongful Death Attorneys Answer: Who Can File a Wrongful Death Claim?


September 19, 2015

When someone is killed due to the negligent, reckless or intentional actions of another in Georgia, the survivors should be eligible to bring a wrongful death claim. A wrongful death claim seeks compensation for the survivors of the deceased, intending to compensate them for their loss. Recovery will often include future lost income, emotional pain and suffering, loss of companionship and love, loss of consortium and more.

Georgia law authorizes the following parties to file a wrongful death lawsuit:

Surviving Spouse and Children

Each state will set its own requirements as to wrongful death suits. In Georgia, the surviving spouse is provided first priority in bringing a wrongful death lawsuit. He or she will be able to bring the action within two years from the victim's death. If the surviving spouse and the accident victim have minor children, the action will be brought on behalf of the children as well. The surviving spouse will receive at least one third of the total recovery, regardless of the number of minor children.

Children of the deceased over the age of 18 will be next in line to bring a wrongful death action if their parent was not married at the time of death. Adopted children are treated the same as biological children, which includes adopted step-children.

Parents

If the deceased did not have a spouse or children, a surviving parent can bring a wrongful death lawsuit. This scenario happens most often when younger adults die in accidents. Parents can seek the same damages as a spouse or children would otherwise.

Personal Representative

The personal representative of the victim's estate can bring a wrongful death action if the surviving relatives do not. The personal representative will seek damages for the benefit of the victim's named heirs, which will generally include the victim's next of kin.

Act Now to Secure Your Legal Rights

If your your loved one has been killed due to the negligence of another, such as in a truck, car, motorcycle, pedestrian, slip and fall or other accident, you will need to act quickly to secure your legal rights. Filing a wrongful death lawsuit may be the last thing on your mind following the death of your loved one, but it is important that you take action early on as you have limited time to seek compensation after the incident death. The sooner your licensed wrongful death attorney initiates investigations and a lawsuit, the better your chances of obtaining a full recovery.

Montlick and Associates, Attorneys at Law: Put Our Over 30 Years of Experience to Work on Your Case!

The loss of a loved one due to the negligence of another is tragic and unfair. If you have lost your relative in a car, truck, pedestrian or any other type of accident, contact the Georgia Wrongful Death Attorneys at Montlick and Associates, Attorneys at Law, as soon as possible after your relative's death. Our firm offers over 30 years of experience in wrongful death cases. We also accept cases across Georgia and in the Southeast. Prompt action is vital to the success of your wrongful death case. As such, do not delay in seeking legal assistance as your time to file a claim after the accident is limited. Call Montlick & Associates, Attorneys at Law, 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Source: http://law.justia.com/codes/georgia/2010/title-51/chapter-4

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.