Families or friends can lay a wrongful death claim when their loved ones were killed due to another person’s negligence. According to the wrongful death law in Georgia, it can be made against an individual, business, or organization.
This variation is because several forms of negligence may be responsible for wrongful death, including homicide, medical malpractice, road/airplane accidents, or abuse. Thus, when the victim has a lot of loved ones who would rather fight for justice, the matter will be presented in court. However, not everyone is liable to sue for wrongful death.
Eligible Persons Who Can File a Claim Against Wrongful Death In Georgia
Below are the principal individuals that can sue for wrongful death in Georgia under the law.
- The surviving children or spouse of the decedent can bring a claim, which should also include details of the injury and any available evidence.
- If the decedent has no surviving spouse, his or her children can file a claim against wrongful death.
- The decedent’s surviving parents can do it if there are no surviving spouses or children.
- If the decedent also has no surviving parents, personal representatives of his/her estate can file a claim.
Even though you are close to the decedent but don’t belong to any relationship category mentioned above, you aren’t entitled to sue for personal injury claims. This further applies to the following set of individuals:
- Grandparents of the decedent are not permitted to sue.
- Siblings of the decedent are only permitted to sue via the estate representative. Thus, the estate representative will file a claim against wrongful death to benefit the decedent’s brother or sister.
- Friends or colleagues who have no blood relation with the decedent cannot also file a personal injury claim for the decedent.
Procedures for Filing a Claim Against Wrongful Death in Georgia
After determining if you are eligible to file a claim, the next step is to hire an attorney. The attorney will investigate the claim and the circumstances surrounding the death. Since there could be several causes of wrongful death cases, the attorney will make sure to be detailed as much as possible.
The attorney will file a lawsuit on your behalf and present it to an appropriate court in Georgia. Depending on the extent of negligence caused by the defendant, your attorney may choose to negotiate an agreement. If the parties involved cannot agree on common ground, the case will be taken to court for trial.
Rounding Up
It’s expedient to know that Georgia law limits who can file a claim against wrongful death and its timeframe. You need an experienced and professional personal injury claim attorney in Georgia that will work on the case to your advantage. You may want to avoid personal statements or recording with the defendant until you see a lawyer.
