Last Updated on November 24, 2020 by Theodore Spaulding
Wrongful death litigation may be one of the most painful legal actions for plaintiffs in the field of law. Because of the actions of another—through their negligence or ill intent—a loved one has lost their life.
In the State of Georgia, it’s important to keep in mind that not everyone can bring a suit against a negligent party for a wrongful death. If you have lost a loved one, talk to a wrongful death lawyer to discuss your legal options.
Who Can File A Wrongful Death Suit in Atlanta, Georgia?
There is an established hierarchy that is observed by the Georgia civil courts:
- Surviving Spouse – If one exists, the surviving spouse is the first person of familial relation who can make a claim for wrongful death. However, the proceeds from such a suit must be divided equally among any surviving children that the deceased spouse may have had.
- Surviving Children – If a spouse does not exist or is not present, the children may pursue a wrongful death claim through the courts.
- Surviving Parents – In the absence of a spouse or surviving children, one or both of the parents can bring forward a wrongful death claim. In the event that the parents are no longer together, the court decides on the apportionment of the award.
- Next of Kin – If a person has been designated next of kin by the estate, and no spouse, children, or parents are in the picture, that individual can sue a negligent party for a wrongful death incident.
- Administrator/Executor of the Estate – If a person was named the administrator of the estate, he or she can sue on behalf of the survivors. Any award is divided among the beneficiaries of the estate.
These parties are entitled to compensation awarded via wrongful death settlements or verdicts.
Who Does Not Have the Right to File A Wrongful Death Lawsuit in Georgia?
Friends and non-family members usually have no claim in a wrongful death suit, unless they are the estate administrator.
Boyfriends, girlfriends and even soon to be spouses do not have a right to wrongful death damages.
The Statute of Limitations For Wrongful Death Cases in Georgia
The statute of limitations for bringing about a wrongful death suit in the State of Georgia is usually two years after the date of death. Be careful because this is in typical cases like motor vehicle accidents. The statute of limitations may be different or start at a different time depending on the specific facts of your case. Talk to a wrongful death attorney to find out how long you have to file a claim.
Because of the complexities involved in litigating a wrongful death case, unnecessary delays are not recommended. The first step in determining whether or not you have a viable case is to contact a wrongful death attorney. An experienced attorney knows how to prove wrongful death, so he or she can work tirelessly to recover the compensation you deserve.
Seek Legal Representation From An Experienced Wrongful Death Attorney in Atlanta
Wrongful death cases are emotionally taxing, and you will be spending a lot of time with your wrongful death attorney. You may have to speak to two or three wrongful death lawyers before you find one that you’re comfortable with. This is why it’s important that you begin your search for a reputable, qualified Georgia attorney as soon as reasonably possible. Contact Spaulding Injury Law to speak with the best wrongful death lawyers in Atlanta.
For close to 15 years, Mr. Spaulding has helped victims of negligence across the state of Georgia resolve personal injury disputes, and he’s received a remarkable number of awards and honors from the legal community recognizing his commitment to clients and to the metro-Atlanta area.
As an undergraduate, Mr. Spaulding belonged to the Phi Beta Kappa honors fraternity at the University of Georgia, and he obtained his legal training at the Georgia State College of Law, where he clerked for the Honorable Judge Rowland Barnes of the Fulton County Superior Court. Mr. Spaulding has also worked for the Securities and Exchange Commission’s Atlanta Enforcement Division. Since 2005, he has dedicated his career to helping the injured victims of negligence and their loved ones win justice in Georgia’s personal injury courts.