The death of a loved one can leave you devastated. The pain becomes immeasurable if that death is attributable to another party’s negligent actions or inaction. In Georgia, just as anywhere else, any death that is caused by another party’s reckless or intentional negligence is referred to as wrongful death.
If a loved one dies as a result of another person or entity’s negligence, you should consider pursuing damages by filing a wrongful death lawsuit. But exactly who can file a wrongful death lawsuit in the state of Georgia?
Individuals who can file wrongful death lawsuits in Georgia
Basically, a wrongful death claim is a type of personal injury lawsuit that the deceased person could have filed had they survived the injuries that lead to their demise. In Georgia, the law allows the following individuals to file a wrongful death lawsuit:
The deceased’s spouse
If the deceased was married, then the first person who can pursue a wrongful death claim is their spouse. The spouse may also file a claim on behalf of the decedent’s minor children.
The deceased’s parents
If the decedent was not married or did not have a surviving spouse or adult children, then their surviving parents may file a wrongful death lawsuit.
The deceased’s estate representative
The decedent’s designated estate representative can also file a wrongful death claim in Georgia. Any damages won from the lawsuit will then go to the decedent’s estate for distribution to their next-of-kin.
Georgia statute of limitation for wrongful death lawsuits
The statute of limitations specifies the amount of time you have to file a civil claim against the other party. In the state of Georgia, you have two years from the date of the decedent’s death to file the claim. It is important that you take this timeline seriously. Failing to file the lawsuit within the statute of limitations period may lead to your claim’s dismissal.
When a loved one dies as a result of another party’s unlawful actions, you deserve justice. Find out how you can pursue a wrongful death lawsuit in the state of Georgia.