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Who can file for wrongful death in Georgia?

On Behalf of | Aug 29, 2019 | Wrongful Death

Losing a loved one, no matter what the circumstances are is heart-rending and difficult. In the event that the loved one’s death was caused by the negligent actions of another entity, dealing with grief becomes even heavier. This is why it is possible in the State of Georgia to file wrongful death claims against the entity responsible for your loved one’s death. It is important to understand who may file a wrongful death claim. According to the state of Georgia, there are strict definitions on this matter.

In Georgia, the first person entitled to file a wrongful death claim is the spouse. In fact, provided that the spouse is legally married to the deceased and is in the condition to file a wrongful death suit, he or she is the only person legally able to do so. If the deceased and spouse had children, the spouse must be the one to bring the suit, but also must share damages with the children. No matter how many children are involved with the suit, the spouse can never receive less than one-third of the damages paid. In the event that the deceased and spouse are divorced and the deceased never remarried, then the ex-spouse and the children would hold the claim jointly., then the spouse and the children would hold the claim jointly.

In the event that the deceased’s spouse is also deceased, then the claim can be brought forward by the children of the deceased. In the event that the deceased has no children and no spouse, parents or other guardians may bring forth the wrongful death suit.