The law in Georgia allows those harmed by people or businesses to take legal action. Individuals injured by someone who broke the law or behaved negligently can file personal injury lawsuits. In some cases, the people directly harmed by the misconduct or negligence of others cannot take legal action because they die.
In those scenarios, those left behind after the tragedy may want to pursue a wrongful death lawsuit. They want the civil courts to award them compensation and to acknowledge a specific party as responsible for the death of a loved one.
Who has the legal right to file a wrongful death lawsuit in Georgia?
Immediate family members
Only those with evidence of qualifying circumstances can file a wrongful death lawsuit. Typically, the courts only allow one lawsuit per tragedy. Most of the time, the closest surviving family members of the deceased individual initiate the lawsuit.
In many cases, surviving spouses file wrongful death lawsuits. Occasionally, the surviving children of the deceased person may initiate the lawsuit instead. In scenarios where the deceased person had no spouse or children, their parents might initiate it.
Other family members may have legal authority in scenarios where people do not have surviving immediate family members. In rare cases where there are no family members available to file a wrongful death lawsuit, the personal representative of the deceased person’s estate may pursue legal action in the civil courts.
Families may need help determining who is eligible to file and also how much compensation to request in a wrongful death situation. Timely legal action can limit the family’s hardship and create consequences for the party at fault for the tragedy.