Who Can File a Wrongful Death Claim in Georgia? Your Guide to Understanding Legal Rights and Next Steps

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When tragedy strikes and a loved one’s life is cut short due to someone else’s carelessness or intentional actions, the emotional devastation is just the beginning. In Georgia, the law offers a legal pathway to seek justice and compensation—but not everyone affected by the loss has the legal right to file a wrongful death claim in Georgia.

So, who can take that step? What kind of damages are available? And how does the process actually work? Let’s break it all down so you’re informed and empowered to take action if the worst has happened.

What Is a Wrongful Death Claim?

A wrongful death claim is a type of civil lawsuit brought on behalf of someone who died due to another party’s negligent, reckless, or intentional behavior. These claims aren’t just about money—they’re about accountability. They seek to recover compensation for both the economic value of the deceased’s life and the emotional losses experienced by their family.

Some common situations where a Georgia wrongful death lawsuit might apply include:

  • Car, truck, or motorcycle accidents

  • Medical errors or malpractice

  • Workplace injuries

  • Defective products

  • Criminal acts (alongside any criminal proceedings)

Who Has the Legal Right to File a Wrongful Death Lawsuit in Georgia?

Georgia law is pretty specific when it comes to who is allowed to file a wrongful death claim in Georgia. There’s a clear order of priority:

1. The Surviving Spouse

The spouse of the deceased is first in line. If they shared children with the deceased, the spouse also represents the children’s interest—but is entitled to at least one-third of any recovery, regardless of how many children are involved.

2. The Children

If there’s no surviving spouse, then the deceased’s children—whether minors or adults—can file the claim.

3. The Parents

If the deceased had no spouse or children, then either parent (or both) may bring the case.

4. The Estate Representative

If none of the above are able to file, then the executor or administrator of the deceased’s estate may step in. Any compensation awarded here goes to the deceased’s next of kin.

Not sure who should file? Consulting with an experienced wrongful death attorney Atlanta can help clear things up fast.

What Damages Can Be Recovered in a Georgia Wrongful Death Claim?

There are two major parts to a Georgia wrongful death lawsuit:

The “Full Value of Life” Claim

Filed by the family or estate, this covers both economic and non-economic damages:

  • Lost income, benefits, and future earnings

  • Loss of companionship, guidance, and care

Estate-Based Claims

These are brought by the estate representative and focus on:

  • Medical costs related to the final illness or injury

  • Funeral and burial expenses

  • Pain and suffering endured by the deceased prior to death

In some cases, both types of damages can be recovered.

How Long Do You Have to File a Wrongful Death Claim in Georgia?

This part is critical: You generally have two years from the date of death to file your claim. But there are a few exceptions:

  • If a criminal investigation is underway, the clock may pause until it’s resolved

  • If the estate hasn’t been probated, the deadline could be extended up to five years

Missing the window could mean losing your right to any compensation, so don’t wait to seek legal help.

Challenges You Might Face During the Process

Even with a clear-cut case, there can be bumps along the way. These might include:

  • Disputes about who has the right to file

  • Arguments over how much the deceased’s life was “worth”

  • Defendants trying to shift blame onto the deceased

  • Multiple family members with conflicting interests

This is where working with a seasoned wrongful death attorney Atlanta can make a huge difference.

How The Law Office of Don Edwards Can Help

At The Law Office of Don Edwards, we understand how painful these situations are. No legal action can undo what’s happened—but holding the responsible party accountable can help bring closure and provide vital financial support for your family’s future.

Here’s what we offer:

  • We’ll determine who is legally eligible to file

  • Handle all legal documentation and communication

  • Assess the full value of your claim—economic and emotional

  • Provide compassionate guidance throughout the entire process

We’re here to support Georgia families with knowledge, care, and determination.

Take the First Step Toward Justice

If you’ve lost a loved one due to negligence, don’t wait. Understanding your legal rights could be the first step toward healing and stability.

Call The Law Office of Don Edwards at (404) 526-8866 for a free consultation. Let us help you get the answers—and the justice—you deserve.

Want to dig deeper? Click here to read the original article on wrongful death claims in Georgia