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Who Can File a Wrongful Death Claim in Georgia?
In Georgia, the law sets up a hierarchy of relatives who have grounds to sue for wrongful death – starting with the spouse of the deceased. If the victim also left behind children, the spouse must file on behalf of the children as well.
In any case, the spouse is entitled to no less than one-third of the recovery; the rest will be split amongst the children. If the deceased did not have a spouse or any surviving children, then their parents would have the right to file a lawsuit.
The hierarchy of relatives entitled to file a claim is as follows:
- The surviving spouse and children
- Surviving children, if there is no spouse
- The deceased person’s surviving parents
- The estate, if there are no relatives
If the victim did not have a spouse, children, or living parents, then the personal representative for their estate would have standing to file a wrongful death lawsuit. They would hold the benefits of that claim for the deceased victim’s next of kin.
How Long Do I Have to File a Wrongful Death Suit?
Georgia’s statute of limitations prevents surviving family members from filing a wrongful death claim after two years. This means that you will only have two years from the date of your family member’s death to seek compensation for your losses. If your case is not filed before the state of limitations expires, this right will be lost.
Don’t let this happen to you. Take action today by discussing your options with an Atlanta wrongful death attorney.
Available 24/7 to Meet the Needs of Our Clients
With more than 100 years of combined experience, Kaufman Law, P.C. is committed to securing justice for victims and their family members. Over the years, our firm has recovered millions of dollars in compensation for our clients. We credit our impressive track record to our hands-on and client-focused approach to personal injury law.
Our Atlanta wrongful death attorneys are here to help you during this difficult time. As soon as you get in touch with us, we will begin working on your case. We are here to guide you through the entire claims-filing process and take care of all the details so that you and your family can focus on healing and spending time together.
Get in touch with us today to enlist the help of our caring legal team.