Who Can File a Wrongful Death Lawsuit in Georgia?

Per Georgia state law, a wrongful death is any fatality in which one or more parties cause the death of another individual due to reckless, negligent or criminal acts. In many situations, this comes down to a party failing to use reasonable care to prevent a serious injury or death when that party had a duty to use such care.

Only certain family members may file a wrongful death claim in Georgia. The first opportunity to do so goes to the victim’s spouse if there is one. If the victim and spouse had minor children, the spouse would also represent the interests of those children in the lawsuit.

If the victim was unmarried, that person’s surviving parents or a personal representative of the estate may file the claim. In the latter case, the compensation recovered in the lawsuit would go toward the benefit of the deceased individual’s next of kin.

Moving ahead with a claim

In terms of process, a wrongful death claim is roughly the same as a personal injury lawsuit. The victim’s family essentially takes action against a negligent party on behalf of the deceased.

Plaintiffs may seek several different types of damages, including lost wages and benefits that the deceased likely would have earned if the individual had not died. They may also seek compensation for loss of companionship, burial expenses, medical bills, and the pain and suffering the victim experienced before passing away.

When a loved one passes away due to the irresponsible or negligent actions of another person or entity, you may need to file a wrongful death claim to seek the damages to which you are entitled. To learn more, call the Law Offices of Melvin S. Nash at 770.422.0878 or contact us online.