Losing a loved one unexpectedly is a profoundly devastating experience. When that loss is caused by the negligence or misconduct of another person or company, the grief is compounded by a painful sense of injustice. In Atlanta, Georgia, the law offers a path for surviving family members to seek accountability and compensation through a wrongful death lawsuit.
However, the question of “who can file” is not always straightforward. Georgia law is very specific, establishing a strict hierarchy that dictates which family members have the legal standing to bring a claim. Understanding this priority is the critical first step in pursuing justice.
The Hierarchy of Claimants Under Georgia Law
Georgia’s Wrongful Death Act outlines a clear order of precedence. Only a person in the highest available tier may file the lawsuit for the “full value of the life of the decedent.”
1. The Surviving Spouse
The surviving spouse holds the primary right to file a wrongful death lawsuit. If the deceased was married at the time of their death, their husband or wife must initiate the claim.
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Protecting Children’s Interests: If the deceased and the surviving spouse have children, the spouse files the lawsuit on behalf of both themselves and the minor children.
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Division of Recovery: Georgia law dictates that the surviving spouse must receive no less than one third of the total financial recovery, with the remainder divided among the children.
2. The Surviving Children
If there is no surviving spouse, the right to file the wrongful death lawsuit passes to the deceased person’s surviving children.
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Acting Together: All surviving children, regardless of age, must act together to bring the claim. If a child is a minor, a legal guardian will be appointed to represent their interests.
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Equal Shares: If only children survive the deceased, the recovered compensation is divided equally among them, share and share alike.
3. The Surviving Parents
If the deceased person was not survived by a spouse or any children, the right to file the lawsuit falls to the surviving parent or parents.
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Filing Together: If both parents are alive, they typically file the claim together.
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Special Rule for Children: It is important to note that the law has a special provision for the wrongful death of a minor child, where the parents are generally the primary parties to file, even if the child had no dependents.
4. The Estate Administrator
In the unfortunate event that the deceased person leaves behind no surviving spouse, children, or parents, the personal representative or administrator of the deceased’s estate may file the claim.
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Filing on Behalf of Kin: In this scenario, the lawsuit is filed on behalf of the next of kin, such as siblings, nieces, nephews, or other legal heirs, with the compensation distributed according to Georgia’s laws of descent and distribution.
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Survival Action: The estate administrator also handles a separate, but often related, claim called the “survival action,” which seeks to recover for the medical bills, funeral expenses, and any pain and suffering the deceased experienced before death.
What Your Family Can Recover
A wrongful death claim in Georgia is unique because it seeks to recover the full value of the life of the decedent. This value includes both tangible and intangible losses:
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Economic Damages: Lost future earnings and benefits the deceased would have earned over their lifetime.
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Non-Economic Damages: The intangible value of life, including the lost value of the deceased’s companionship, guidance, care, counsel, advice, and comfort.
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Estate Claim Damages: Funeral and burial expenses, as well as medical expenses related to the final injury or illness.
How Simon Bridgers Spires Can Help You Seek Justice
Navigating the grief of loss while simultaneously facing a complex legal system is an immense burden. Insurance companies and corporate defendants are not obligated to explain your rights or guide you through the process, and they often use the strict rules of Georgia law against unrepresented families.
At Simon Bridgers Spires, we bring a level of focus, compassion, and expertise that is essential to success in these delicate cases:
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Determining Legal Standing: We immediately review the deceased’s family structure and marital status to correctly identify the party with legal standing to file, ensuring your case is not dismissed on a technicality.
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Decades of Insight: Our firm’s founder, Christopher Simon, spent nearly a decade defending insurance companies, giving him invaluable, inside knowledge into how the defense evaluates, negotiates, and fights wrongful death claims. We know their strategies and how to effectively counter them.
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Aggressive Investigation: Wrongful death cases often involve complex evidence, such as black box data from a commercial truck accident, hospital records in a medical malpractice case, or forensic engineering in a premises liability case. We have the resources and a proven history of detailed detective work to uncover the negligence that caused your loved one’s death.
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Maximizing Recovery: Our sole focus is maximizing compensation for the full value of the decedent’s life. We work with economic experts to accurately calculate the financial losses and expertly articulate the profound non-economic losses suffered by the family.
A wrongful death claim in Atlanta must typically be filed within two years of the date of death. Time is critical for preserving evidence and securing your family’s right to compensation.
If you have lost a loved one due to the negligence of another, you need a firm with the experience, reputation, and commitment to stand up to powerful defendants. Contact the attorneys at Simon Bridgers Spires today for a free, confidential consultation to discuss your case and begin the journey toward justice.