Who Can File a Wrongful Death Claim in Georgia?
Losing a loved one due to an accident or injury is a devastating experience that can leave families grappling with emotional and financial challenges. When a person in Georgia causes the death of another through negligence, the surviving family members can pursue a wrongful death claim to seek justice and compensation for their loss.
A wrongful death claim serves as a crucial legal avenue for family members to secure their future in the absence of their loved one. If the deceased was the primary provider for the family, the loss of income can create financial hardships. In cases where a child tragically loses their life, a wrongful death claim can help compensate the family for the loss of their potential and support.
Seek Justice For Your Loved One Contact Us For A Free Consultation
Seek Justice For Your Loved One
Understanding Wrongful Death Claims in Georgia
Georgia’s legal framework, outlined in the Georgia Wrongful Death Act under O.C.G.A. section 51-4-2, specifies who is eligible to file a wrongful death claim. According to the statute, the spouse of the deceased holds the primary right to bring forth a wrongful death action. However, it’s important to note that the spouse must share any recovered proceeds with the surviving children of the deceased.
The spouse not only has the authority to initiate the claim but also plays a pivotal role in making legal decisions throughout the process, including hiring a lawyer and determining whether to settle the claim or pursue litigation. This designation acknowledges the close relationship between the spouse and the deceased and aims to streamline the decision-making process, especially in cases involving minor children.
Children of unmarried or divorced individuals (whether biological or adopted) can also file a wrongful death claim against the deceased. In the absence of a spouse or living children, the right to pursue the claim extends to one or both parents. If there are no surviving spouse, children, or parents, the Executor/Executrix or Administrator/Administratrix of the deceased’s estate can take legal action.
It’s important to understand that the individual who can legally pursue the wrongful death claim may not be the sole beneficiary of any recovered proceeds. When there are multiple eligible beneficiaries, they must handle the distribution of proceeds in accordance with the deceased’s will or intestate succession laws.
Get Help from an Experienced Injury Attorney Today
Families in Georgia who experience the tragic loss of a loved one as a result of another party’s negligence have the legal recourse to pursue a wrongful death claim. This legal avenue allows them to seek both justice for their loss and financial compensation to alleviate the emotional and economic burdens they endure during such a difficult time.
Navigating the complexities of wrongful death claims and determining the rightful recipients of compensation can be intricate. Seeking guidance from an experienced Georgia wrongful death cases is crucial to ensuring that the legal process is handled effectively and fairly for all parties involved. Reach out to the Jewkes Law Firm today at (770) 771-5130 for a free case review.
