Losing a loved one is an unimaginably painful experience, especially when their death was caused by the reckless, negligent, or intentional actions of another party. During this devastating time, families are often left with immense emotional trauma and sudden financial burdens.
In the state of Georgia, the law allows surviving family members to seek justice and compensation through a wrongful death claim. However, the law is very specific about who has the legal standing to file this claim.
The Hierarchy of Eligibility in Georgia
Under Georgia’s Wrongful Death Act (O.C.G.A. § 51-4-2), the right to file a claim follows a strict hierarchy. You cannot file a claim simply because you were close to the deceased; you must fall into one of the following categories, in this exact order:
1. The Surviving Spouse
The right to file a wrongful death claim belongs first and foremost to the surviving spouse. If the deceased had children, the spouse must also represent the interests of those children in the lawsuit. The spouse is required to share the compensation with the children, but by law, the spouse receives no less than one-third of the total recovery, regardless of the number of children.
2. The Surviving Children
If there is no surviving spouse, the right to file the claim passes to the deceased’s surviving children. The compensation recovered is divided equally among them.
3. The Surviving Parents
If the deceased was unmarried and had no children, the right to file a wrongful death claim falls to the surviving parents.
4. The Administrator of the Estate
If the deceased left behind no spouse, no children, and no surviving parents, the administrator or executor of the deceased’s estate may file the wrongful death lawsuit. In this scenario, any compensation recovered is held by the estate and distributed to the next of kin according to Georgia’s inheritance laws.
What Does a Wrongful Death Claim Cover?
Georgia law is unique in how it calculates the value of a wrongful death claim. The law allows families to recover the “full value of the life of the decedent,” which is measured from the perspective of the deceased. This includes:
- Economic Value: The projected lifetime income the deceased would have earned, including benefits, pensions, and investments.
- Intangible Value: The loss of the deceased’s presence, companionship, and the enjoyment of their life (e.g., missed milestones, hobbies, and family time).
Additionally, the estate can file a separate “estate claim” to recover concrete expenses, such as:
- Medical bills incurred prior to death.
- Funeral and burial expenses.
- Conscious pain and suffering experienced by the deceased before their passing.
Why You Need Relentless Representation
Insurance companies and defense attorneys will fight aggressively to minimize the value of your loved one’s life. You need a law firm that will treat you like family and fight for your future.
At Lashgari & Associates, we understand that no amount of money can replace your loved one. But securing the financial compensation you deserve is a crucial step toward achieving justice and protecting your family’s future.