Losing someone you love because of another person’s negligence can leave you with overwhelming grief and countless unanswered questions.
Along with the emotional impact, families often face medical bills, funeral costs, and the sudden loss of financial support.
Georgia law allows certain family members to pursue compensation when a loved one’s death was caused by someone else’s careless or reckless actions.
However, not everyone has the legal authority to bring a claim. The law sets out a specific order of priority for who can file a wrongful death lawsuit.
At Blasingame, Burch, Garrard & Ashley, P.C., our wrongful death lawyers have helped Georgia families navigate complex injury and wrongful death cases for more than 40 years.
Our attorneys understand how difficult this time can be, and we work closely with families to explain their rights and pursue accountability when negligence leads to a tragic loss.
Understanding who has the legal right to file a wrongful death lawsuit can help you determine your next steps.
For immediate assistance and a free case review, please call (706) 354-4000 or fill out our form today.
Who Can Bring a Wrongful Death Claim?
Who can file a wrongful death lawsuit in Georgia depends on the deceased person’s surviving family members. Georgia law establishes a specific order of priority that determines who has the legal right to sue for wrongful death after a fatal incident caused by another party’s negligence.
Surviving Spouse
When the deceased person was married, the surviving spouse generally has the right to bring the wrongful death lawsuit. While the spouse files the claim, Georgia law also recognizes the interests of the deceased’s children, and any compensation recovered must be shared with them.
Children
If the deceased person did not have a surviving spouse, the right to sue for wrongful death usually passes to the person’s children.
Both adult and minor children may pursue a wrongful death claim. When minor children are involved, a parent, guardian, or other legal representative may need to act on their behalf and obtain court approval for any settlement.
If all children are deceased, the right to sue passes to their children.
Parent
If there were no spouse or children, Georgia law allows the child’s parent or parents to bring a wrongful death claim.
The right of recovery depends on the parents’ circumstances:
- If the parents are living together and not divorced, they typically bring the claim jointly
- If one parent is deceased, the surviving parent may bring the claim
- If the parents are divorced, separated, or living apart, both parents may still have the right to recover
In cases where separated parents cannot proceed together, for example, if one parent cannot be located, the other parent may move forward with the lawsuit on behalf of both parents.
Georgia law also makes clear that a child born out of wedlock does not bar a parent from bringing a wrongful death claim.
Who Can Sue for Wrongful Death If There Is No Spouse, Parent, or Children?
If the deceased person did not leave behind a surviving spouse, parent, or children, Georgia law allows the administrator or executor of the deceased person’s estate to bring a wrongful death lawsuit.
The administrator files the claim on behalf of the deceased person’s next of kin. Any compensation recovered through the lawsuit is held by the estate and distributed to the appropriate family members in accordance with Georgia law.
Frequently Asked Questions
Can a Child Born out of Wedlock Recover Compensation for a Parent’s Death?
Yes. Under Georgia law, a child born out of wedlock is still eligible to recover compensation in a wrongful death case. However, the child must have had rights of inheritance from or through the deceased parent under Georgia law.
Is the Recovery Subject to the Decedent’s Debts?
No. Compensation recovered through a wrongful death lawsuit is not subject to the debts or liabilities of the deceased person or their estate.
Damages are intended to compensate the surviving family members for the value of the life lost. Creditors generally cannot claim these funds to satisfy the deceased person’s outstanding debts.
How Is Compensation Divided Between the Spouse and Children?
Georgia law provides specific guidance on how compensation is divided when both a spouse and children survive the deceased person. Typically, the recovery is divided equally among the surviving spouse and children, with each person receiving an equal share of the compensation.
However, the law also requires that the surviving spouse receive at least one-third of the total recovery.
If there is no surviving spouse, the recovery is divided equally among the children.
Speak with a Georgia Wrongful Death Attorney About Your Family’s Rights
A wrongful death lawsuit can help families pursue accountability when a loved one’s life is taken because of another party’s negligence. But determining who can bring a wrongful death claim and how the claim should move forward can quickly become complicated.
An attorney can review your family’s situation, explain your rights under Georgia law, and help you understand the legal options available.
At BBGA, our team takes a personalized approach to every case. Clients work directly with the attorney handling their matter, supported by a collaborative legal team that brings together experience across multiple practice areas.
This approach allows us to carefully investigate the circumstances surrounding a death and build a strategy tailored to each family’s needs.
If your loved one died because of another party’s negligence, contact BBGA online or call (706) 354-4000 today to discuss your situation and learn how we can help you pursue justice for your family.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
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