Who can file a wrongful death suit in Georgia?

| Feb 21, 2021 | Wrongful Death |

The loss of a loved one can be hard for families to overcome, no matter how young or old the deceased person was at the time of their death. Under Ga. Code Sec. 51-4-1, parties typically have two years from the death of the decedent to file wrongful death claim to recover damages.

Who can file a wrongful death suit in Georgia?

While many people may be grieving the loss of the decedent, only certain family members are legally allowed to file a wrongful death claim in Georgia. The following parties are legally allowed to file a wrongful death suit against the parties responsible for the decedent’s death.

  • Spouse of the decedent
  • Child of the decedent, if there is no surviving spouse of the decedent
  • Parents of the decedent, if the decedent has no surviving spouse or children

If none of the above parties exist, an administrator or executor of the decedent’s estate may bring the wrongful death claim. The damages recovered in the lawsuit will then be passed to the decedent’s next of kin.

What damages can I recover?

Wrongful death damages include both economic and non-economic damages. With a wrongful death claim, family members can receive monetary damages for the intangible and tangible value of their deceased loved one. The estate can also file a claim for monetary damages to cover medical expenses, funeral costs, and pain and suffering of the decedent.

An attorney in the Alpharetta area can help you file a wrongful death claim and recover compensation to support your family during this difficult time.