Who can initiate a wrongful death statute?

| Dec 3, 2020 | Wrongful Death |

It is never easy to lose a loved one in Georgia. While it is inevitable, it is never easy when it actually occurs. The hope is that the loved one lives a long, full life and dies of old age. However, not everyone is that this lucky. Some people unfortunately die much younger than that. It could be because of an illness or disease, but also many people die far too young in fatal accidents.

Losing loved ones in fatal accidents can be particularly difficult because of the fact that in many situations the fatal accident could have been avoided if not for another’s negligence. When people are taken in this manner, it can leave the family in a very difficult position both emotionally and financially with no time to prepare for life without the loved one. They will suddenly be without the love and support provided by the loved one and also be without the financial contributions they provided to the family as well.

People who can file a wrongful death complaint

Families who find themselves in that unfortunate situation may be able to initiate a wrongful death lawsuit though in order to obtain compensation from the people responsible for causing the accident. However, only certain family members can initiate the lawsuit. The decedent’s spouse may initiate the lawsuit. However, if there is no surviving spouse the children of the decedent can initiate the lawsuit or carry it on if the surviving spouse dies while the case is pending.

Any compensation that results from the lawsuit is then split in equal shares between the children and surviving spouse. However, the surviving spouse will receive a minimum of one-third of the compensation if there are more than two children.

While everyone in Georgia will pass away at some point in time, no one knows how or when it will occur. Some are taken in fatal accidents that could have been avoided. These should not occur though and the family may be entitled to compensation for their loss from the person responsible for the accident. These are difficult cases and experienced attorneys may be able to guide one through the process.