Who can file a wrongful death claim in Georgia?

On Behalf of | Aug 31, 2015 | Wrongful Death |

If someone close to you has recently passed away, you are likely struggling with some very difficult emotions. Of course there are feelings of grief, sadness and loneliness which are upsetting enough, but add on feelings of anger, confusion and helplessness that can come in light of a fatal accident and the whole situation can be completely overwhelming.

If this sounds like a situation you are currently dealing with, you need to understand that as difficult as it seems, you can get through this and begin moving forward with time, support and guidance. It may also be helpful to take action against the party responsible for the loss to regain some sense of justice and control, though this is an option reserved for certain people.

According to Georgia wrongful death statutes, these types of claims can only be filed by people with specific relationships to a victim. In order to file a wrongful death claim against a negligent or reckless party, you must be the victim’s:

  • Spouse
  • Child
  • Parent
  • Personal representative 

It is important to note that if you are a decedent’s closet living relative (but not one listed here), you can still collect damages from a wrongful death. However, you are not entitled to bring the action; that must be done by the decedent’s administrator or personal representative.

If you are in the position to file a wrongful death claim, you may be hesitant to do so because of how complicated it can seem. However, with the help of your attorney, you can pursue compensation for the economic and non-economic damages you may very well deserve. Filing a claim can also help you and other survivors find some closure by getting answers to your questions and by holding the party responsible for the loss accountable.


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