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Who can file a wrongful death claim in Georgia?

Losing someone close to you can be a devastating and traumatic experience. During such a difficult time, money may be the last thing on the minds of people grieving the loss. However, there often comes a time when people come to the realization that a death is taking a financial toll on survivors.

There really is no way to calculate the precise value of a person's life; but there are ways to compensate certain people if a death results in economic and non-economic damages, from pain and suffering to funeral or medical expenses. But before these damages can be calculated, it must first be determined whether a party is legally allowed to file a claim. 

Basically speaking, the only parties that can bring a wrongful death lawsuit are certain family members and those that are considered personal representatives of a victim's estate. In Georgia, the people who may file a claim include:

  • Surviving spouses
  • Child or children of the deceased (minor children can file a claim with an adult guardian)
  • Surviving parents
  • Personal representative of an estate

If you have lost a spouse, parent or child in an accident caused by negligence or have been assigned as the personal representative of someone's estate, you will likely be able to file a wrongful death claim. If you are related to the deceased in other ways, there may still be options for filing a claim but you will need to speak with an attorney to understand your options.

Legal action can be difficult for loved ones to consider, especially because it can involve some procedures that can be challenging for people navigate when they are already dealing with considerable anxiety, sadness and fear. However, it can be the best means for pursuing the compensation that you and your family members may be entitled to. 

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