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Who Can Make A Wrongful Death Claim?

At Howell Law Firm, PC, in Moultrie, we know that pursuing a wrongful death claim for a loved one will never compensate for your loss. However, it will help support you and your family as you move forward with your life. Since many states have different laws regarding who can file a wrongful death claim, here are the persons that can file a wrongful death claim case according to Georgia law.

Primary Beneficiaries

Our state looks to the spouse of the deceased as the primary person who may file a lawsuit for wrongful death. In the case of minor children in the family, the spouse’s suit can also be on their behalf. By law, the surviving spouse gets at least one-third of the damages in a successful case, and the children will have, at the very most, two-thirds of the reward divided between themselves.

Secondary Claimants

If there is not a surviving spouse, the children of the deceased may make a claim. In the case of the deceased not having a spouse or children, parents of the deceased may initiate a wrongful death case. A personal representative of the deceased’s estate may also bring a claim to court.

Statute Of Limitations

The statute of limitations on filing this type of claim is two years from the date of death. Even though you are still grieving, our firm can guide you through the claim process and advocate for your best interests.

Contact Us Today

We have an excellent track record of producing results for clients in south Georgia and would be honored to help you. Give 229-808-8105 a call at to schedule a free initial consultation or email us for more information.