How To File A Wrongful Death Claim In Cumming, GA

Only certain people within the victim’s family will be able to file a wrongful death claim in the state of Georgia. The victim’s spouse is the first person who will be given the right to file a wrongful death claim.

If the victim and the victim’s spouse had minor children together, the spouse must represent the children’s best interests. The spouse and the children will split any compensation that is recovered, but the split will not necessarily be equal. The spouse is entitled to a minimum of 33%, which means each child may receive less than the spouse.

If the victim did not have a spouse, the victim’s children will be first in line to file a wrongful death claim. Some victims do not have spouses or children at the time of their deaths. In this case, the victim’s parents would be able to file the claim on behalf of their child. If the parents are no longer living, a representative of the victim’s estate can file a claim instead.

Whoever files the wrongful death claim must do so within a certain amount of time or they may lose their opportunity to recover compensation. In Georgia, the statute of limitations is two years from the date of the victim’s death. It’s best that you contact an attorney right away instead of waiting until the last possible minute. The earlier that a wrongful death attorney can begin working on the case, the better the outcome may be.