In Georgia, a surviving spouse ‌has the first right to file a wrongful death claim. If there is no surviving spouse, a child can file a wrongful death claim. When no qualifying family member has the right to bring the claim, the deceased person’s personal representative may be able to file instead.
Georgia’s wrongful death laws set a specific order for who has the legal right to bring a claim. That makes identifying the proper claimant an important first step after a preventable death caused by another person’s negligence, recklessness, or intentional actions.
Does a Surviving Spouse File the Wrongful Death Claim in Georgia?
Yes. Under O.C.G.A. § 51-4-2, the surviving spouse generally has the first right to bring a wrongful death action when a spouse or parent dies because of another party’s wrongful conduct. Georgia law gives the surviving spouse this right even when the deceased also has children.
When there are surviving children, the spouse generally brings the action on behalf of both the spouse and the children. Georgia law also provides rules governing the division of the interests of the spouse and children.
Can Children File a Georgia Wrongful Death Claim?
Children may file a wrongful death claim when their deceased parent did not leave a surviving spouse. O.C.G.A. § 51-4-2 expressly gives this right to a child or children when there is no surviving spouse.
This rule applies to both minor and adult children who qualify under Georgia law. When several children survive the deceased parent, they share rights in the wrongful death action under the statute.
Because standing depends on the deceased’s family relationships, families should determine who has statutory priority before filing a lawsuit.
Can Parents File a Wrongful Death Claim for a Child in Georgia?
Georgia law allows parents to pursue a wrongful death claim for the death of a child, subject to the rules in O.C.G.A. § 19-7-1. The statute applies to the death of a child who is a minor or an adult.
The rights of each parent can depend on circumstances such as whether both parents are living and whether a parent has lost parental rights. These cases can therefore require a careful review of the family relationship before determining who has authority to proceed.
Can the Personal Representative of an Estate File the Claim?
An administrator or executor can bring a wrongful death action in certain cases when no person has the right to file under Georgia’s family-member statutes. O.C.G.A. § 51-4-5 gives the personal representative this authority for the benefit of the deceased person’s next of kin.
The estate representative can also pursue certain claims belonging to the estate that are distinct from the family’s wrongful death claim. For that reason, one fatal incident can sometimes involve both a statutory action and an estate-related action.
The legal team at Jamie Casino Injury Attorneys has 40 years of combined experience handling injury matters, including wrongful death cases in Georgia. Over the course of Attorney Jamie Casino’s career, he has represented thousands of individuals. His case results include six- and seven-figure jury verdicts and settlements.
Frequently Asked Questions
Who Has First Priority to File a Wrongful Death Claim in Georgia?
The surviving spouse generally has first priority. If there is no surviving spouse, the deceased person’s children may have the right to file.
Who May Be Considered a Qualifying Surviving Spouse?
In most cases, a spouse is considered a qualifying surviving spouse if they were legally married to the deceased at the time of their death.
Can a Parent File If an Adult Child Dies in Georgia?
Yes. Georgia law can give a parent the right to pursue a wrongful death claim for an adult child when the statutory requirements are met.
Can an Executor File a Georgia Wrongful Death Claim?
Yes, in limited circumstances, an executor or administrator can act when no person is entitled to bring the claim under Georgia’s designated family-member statutes.
How Long Do I Have to File a Wrongful Death Lawsuit in Georgia?
A Georgia wrongful death lawsuit generally must be filed within two years of the deceased person’s death. Exceptions or tolling rules can affect the deadline in particular cases.
Families should therefore avoid assuming that the full two-year statute of limitations period will always be available.
Contact the Georgia Wrongful Death Attorneys at Jamie Casino Injury Attorneys for a Free Consultation Today
Determining who can file a Georgia wrongful death claim is not always as simple as identifying the deceased person’s closest relative. Georgia law establishes a statutory order of priority, and estate issues or unusual family circumstances can affect who has authority to proceed.
Reach out to Jamie Casino Injury Attorneys for a free consultation with one of our Georgia wrongful death lawyers.
We serve Savannah, Augusta, Columbia, and the surrounding areas in Georgia and South Carolina.
Jamie Casino Injury Attorneys – Savannah Office
480 Mall Blvd, Savannah, GA, 31406
(912) 491-4845
Jamie Casino Injury Attorneys – Augusta Office
1450 Greene St, Suite 140
Augusta, GA, 30901
(706) 841-9202
Jamie Casino Injury Attorneys – Columbia Office
1507 Richland St, Columbia, SC, 29201
(803) 674-8030
