Who Has the Right to File a Suit Through a Wrongful Death Lawyer in Atlanta?

Losing a person you loved is not easy, but it can be even more challenging when their death was caused by someone else’s lackadaisical attitude or mistake. But who exactly has the right to file such a lawsuit through a wrongful death lawyer?

In these situations, the surviving family members may have the right to file a lawsuit through a wrongful death lawyer in Atlanta.

Also, the answer to the question of who has the right to file a lawsuit through a wrongful death lawyer can vary depending on the case’s specific circumstances. Still, some general guidelines can help determine who is eligible.

Guidelines That Can Help Determine The Eligibility of Who Can File a Lawsuit Through a Wrongful Death Lawyer 

To file a wrongful death lawsuit in Atlanta, the plaintiff must be able to prove the action displayed by the defendant led to the victim’s death. This can be a complex process that requires gathering evidence and testimony from witnesses and experts.

Assuming that this burden of proof can be met, the next question is who has the legal standing to file a lawsuit. In Atlanta, the right to file a wrongful death lawsuit is generally limited to certain deceased family members.

The first category of eligible plaintiffs is the surviving spouse of the victim. If the victim was married at their death, their spouse has the right to file a wrongful death lawsuit. If there are multiple spouses (such as in cases of polygamy or remarriage), they may need to share this right or reach an agreement.

If there is no surviving spouse, the following category of eligible plaintiffs is the victim’s surviving children. This includes biological and adopted children and stepchildren who were legally dependent on the victim at the time of their death.

If there are no surviving spouses or children, the following category of eligible plaintiffs is the victim’s parents. This includes biological and adoptive parents, but only if the victim was unmarried and had no children.

Finally, the right to file a wrongful death lawsuit may pass to the victim’s estate if there are no surviving spouses, children, or parents. This means that the executor or administrator of the estate would be responsible for bringing the lawsuit on behalf of the deceased.

It’s worth noting that even if a plaintiff falls into one of these categories, they may still need to meet specific criteria to file a successful lawsuit. For example, they may need to prove they were financially dependent on the victim or suffered emotional distress due to their death.

Conclusion

Filing a wrongful death lawsuit can be a complex and emotionally challenging process. Eligible plaintiffs need to work with an experienced wrongful death lawyer in Atlanta who can guide them through the legal system and help them seek justice for their loved one’s untimely death.