[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/butlerfirm.com\/blog\/who-can-file-a-wrongful-death-lawsuit-in-georgia\/#BlogPosting","mainEntityOfPage":"https:\/\/butlerfirm.com\/blog\/who-can-file-a-wrongful-death-lawsuit-in-georgia\/","headline":"Who Can File a Wrongful Death Lawsuit in Georgia?","name":"Who Can File a Wrongful Death Lawsuit in Georgia?","description":"When someone in your family dies as a result of someone else\u2019s negligence, it\u2019s only natural to wonder what you can do to respond. One potential option is to file a wrongful death lawsuit against the party responsible for your family member\u2019s death. Though a lawsuit can\u2019t bring your family member back or erase the… Continue reading Who Can File a Wrongful Death Lawsuit in Georgia?<\/span><\/a>","datePublished":"2023-05-18","dateModified":"2026-04-17","author":{"@type":"Person","@id":"https:\/\/butlerfirm.com\/blog\/author\/butler\/#Person","name":"Jeb Butler","url":"https:\/\/butlerfirm.com\/blog\/author\/butler\/","identifier":9,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/f5a02bc71d91db5fc8645f129c4424ce6ef7af7e24fe54f4a85315a9dd28f317?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/f5a02bc71d91db5fc8645f129c4424ce6ef7af7e24fe54f4a85315a9dd28f317?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Butler Kahn","logo":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","width":210,"height":93}},"image":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2021\/07\/spouse-of-wrongful-death-victim.jpg","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2021\/07\/spouse-of-wrongful-death-victim.jpg","height":667,"width":1000},"url":"https:\/\/butlerfirm.com\/blog\/who-can-file-a-wrongful-death-lawsuit-in-georgia\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=PlLv_4fHyt0#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=PlLv_4fHyt0","name":"Who Can File a Wrongful Death Claim in Georgia?","description":"Who can bring a wrongful death claim in Georgia? The answer is here!\n\n*****************************************************\nSHARE THIS VIDEO: https:\/\/youtu.be\/PlLv_4fHyt0\n*****************************************************\n__________________________________________\nWe Have Four Locations to Serve You \nAtlanta, GA \nButler Kahn\n10 Lenox Pointe \nAtlanta, GA 30324 \nhttps:\/\/butlerfirm.com\/ \n--------\nLawrenceville, GA \nButler Kahn\n154 Stone Mountain Street, Suite 250\nLawrenceville, GA 30045 \nhttps:\/\/butlerfirm.com\/lawrenceville-...\n-------- \nRoswell, GA \nButler Kahn\n1255 Canton Street, Suite E \nRoswell, GA 30075 \nhttps:\/\/butlerfirm.com\/roswell-injury...\n-------- \nJonesboro, GA \nButler Kahn\n21 Lee Street, Suite 250 \nJonesboro, GA 30236 \nhttps:\/\/butlerfirm.com\/jonesboro-inju...\n------- \n\u25ba Who can bring a wrongful death claim in Georgia? If the person who died that is the decedent was married at the time of his or her death, then the spouse brings the wrongful death claim. If there was no spouse, then the decedent's children bring the wrongful death claim. And if the children are minors, then the children's guardian can bring the claim for the children. If there is no spouse and there were no children, then the parents of the decedent can bring the wrongful death claim. If we got no spouse, no children, no parents, then the estate of the decedent brings the wrongful death claim in Georgia.\n\nJOIN US ON SOCIAL MEDIA\nFACEBOOK LINK: https:\/\/www.facebook.com\/butlerfirmllc\nTWITTER LINK: https:\/\/twitter.com\/Butler_Firm\nINSTAGRAM LINK: https:\/\/www.instagram.com\/butler_law_firm\/\nLINKEDIN LINK: https:\/\/www.linkedin.com\/company\/butlerfirm\/\n\nSEE OUR REVIEWS \nGOOGLE REVIEWS: https:\/\/search.google.com\/local\/reviews?placeid=ChIJoR24iRoG9YgRSH8GpDMLiMQ\nFACEBOOK REVIEWS: https:\/\/www.facebook.com\/butlerfirmllc\/reviews\/\n\nCheck out our previous video: https:\/\/youtu.be\/TJAgQtH-oYQ","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/PlLv_4fHyt0\/default.jpg","https:\/\/i.ytimg.com\/vi\/PlLv_4fHyt0\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/PlLv_4fHyt0\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/PlLv_4fHyt0\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/PlLv_4fHyt0\/maxresdefault.jpg"],"uploadDate":"2023-01-17T20:58:02+00:00","duration":"PT53S","embedUrl":"https:\/\/www.youtube.com\/embed\/PlLv_4fHyt0","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw#Organization","url":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw","name":"Butler Kahn","description":"We help people and families.\n\nOur firm specializes in personal injury and wrongful death cases. We are based in Atlanta, Georgia. We handle cases across Georgia and, for certain types of cases, all across the country.\n\nTOP-QUALITY LEGAL WORK. We do the work that lots of law firms skip. We track down witnesses, dig into the evidence, and prepare intensely for every deposition, trial, and hearing. We take a small number of cases so that we can devote our full attention to the clients we represent.\n\nPERSONAL SERVICE. If you hire us, you get us. You won't get blocked by a receptionist or leave unreturned messages. If you want to speak with your lawyer, you can.\n\nDOING WHAT WE SAY WE'LL DO. Some law firms make big promises at the beginning, then don\u2019t follow through. We shoot straight \u2013 when we tell you something about your case, good or bad, we mean it. No fake promises.\n\nButler Kahn\n10 Lenox Pointe\nAtlanta, GA 30324\n678-940-1444\n","logo":{"url":"https:\/\/yt3.ggpht.com\/NTOsbNEALVOnRbUCg7jUzYGcC4kNKsUTEVHm5TtiTQdLlfFKksLTnmiZG_t6zDG_e4ygtnva=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=PlLv_4fHyt0#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=PlLv_4fHyt0#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=PlLv_4fHyt0&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=PlLv_4fHyt0#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":57}]]},"about":["Wrongful Death"],"wordCount":1303,"articleBody":"When someone in your family dies as a result of someone else\u2019s negligence, it\u2019s only natural to wonder what you can do to respond. One potential option is to file a wrongful death lawsuit against the party responsible for your family member\u2019s death. Though a lawsuit can\u2019t bring your family member back or erase the pain of their loss, it\u2019s a way to hold the liable party accountable for what they\u2019ve done and help make up for the financial losses associated with your loved one\u2019s passing. Many families find solace in securing a measure of justice on behalf of the deceased.If you\u2019ve lost a family member in Georgia due to someone else\u2019s reckless or negligent actions, Butler Kahn is ready to discuss your situation when you feel ready. Our highly-rated Atlanta wrongful death attorneys have extensive experience with these kinds of cases, and our clients have recovered significant compensation with our help.We know the mental and financial toll that a family member\u2019s unexpected death can take, which is why we fight so hard to help our clients seek the financial recovery they need and deserve.If you would like to talk about your family\u2019s legal options in a free and confidential consultation, reach out to Butler Kahn. We are here for you when you are ready.Who Can File a Wrongful Death Lawsuit in Georgia?According to Georgia law, only certain surviving family members can file wrongful death lawsuits if a person loses their life due to another party\u2019s negligence. Eligible family members include surviving spouses, children, and parents. Without these surviving family members, a personal representative may file a wrongful death claim on behalf of the victim\u2019s estate.\u00a0Georgia Law on Who Can File a Wrongful Death ClaimGeorgia law defines a wrongful death as one in which \u201cthe death of a human being results from a crime, from criminal or other negligence, or from property which has been defectively manufactured, whether or not as the result of negligence.\u201d In plain English, a wrongful death results from the carelessness, criminal action, or other legal fault of someone else, whether their actions were intentional or not.A common example of a wrongful death is when someone dies in a car crash after a drunk driver. All drivers have a legal duty to obey traffic laws and prevent other motorists from being injured, so by getting behind the wheel after drinking, the drunk driver acted negligently.In Georgia, state law places strict limits on who can file a wrongful death claim. There are only four groups of people who are eligible to file a claim after someone\u2019s wrongful death. They are:Spouse of the deceased \u2013 The deceased\u2019s surviving spouse is first in line to file a wrongful death claim. This does not include former spouses if the deceased was divorced at the time of death.Children of the deceased \u2013 If the deceased has no surviving spouse, then the deceased\u2019s child or children are next in line to file a wrongful death claim. Children can file a wrongful death claim only if there is no surviving spouse.Parents of the deceased \u2013 If the deceased has no surviving spouse or surviving children, then the surviving parent or parents can make a wrongful death claim.Estate representative \u2013 If the deceased has no surviving spouse, children, or parents, then the representative of the estate may file a wrongful death claim. In these cases, any money recovered in the claim is held by the estate and distributed to the deceased\u2019s next-of-kin.Other surviving members of the deceased\u2019s family, such as siblings or grandparents, are not allowed to file wrongful death claims in Georgia. Should a sibling or other relative wish to make a claim, they will have to go through either one of the closer family members listed above or through the administrator of the deceased\u2019s estate.Who Can Receive Compensation in a Georgia Wrongful Death Claim?Georgia\u2019s wrongful death statute says that any compensation recovered in a wrongful death claim must be divided among the deceased\u2019s surviving spouse and any surviving children. If the deceased has no surviving spouse or children, the compensation will be split up among the deceased\u2019s heirs as dictated by the terms of their will.If the deceased died without a will, Georgia\u2019s inheritance laws will determine who can receive any compensation from a wrongful death claim.What Damages Are Available in a Wrongful Death Lawsuit in Georgia?There are two different categories of compensation available through a wrongful death lawsuit in Georgia. The first category is compensation for the \u201cfull value of the life of the decedent.\u201d This is an attempt by the courts to put a monetary value on the deceased\u2019s life so that the liable party can be held accountable for their negligent actions.To determine the value of someone\u2019s life, the courts will look at two factors:Economic value \u2013 In a wrongful death claim, the economic value of the deceased\u2019s life is based on the financial losses suffered as a result of their passing, such as their earning potential if they were still alive and able to work, work benefits, retirement income, and so on. The younger someone was at the time of their wrongful death, the longer their potential earning period, which generally equates to more compensation.Non-economic value \u2013 In a wrongful death claim, the non-economic value of the deceased\u2019s life is based on the intangible losses suffered as a result of their death, such as the future years of life that they lost, their surviving family\u2019s loss of their emotional support and companionship, and similar factors. Because these factors can be more challenging to prove, wrongful death attorneys will often collect detailed information from surviving family members to show the full impact of the deceased\u2019s death.In addition to this compensation, the representative of the deceased\u2019s estate can make a separate claim for specific financial losses related to the deceased\u2019s death. This is known as an estate claim. It may include things such as the deceased\u2019s medical expenses before death, funeral and burial costs, and the pain and suffering the deceased endured before death. The administrator of the deceased\u2019s estate must bring estate claims.What Is the Deadline for Filing a Georgia Wrongful Death Lawsuit?Generally speaking, you have two years from the date of the deceased\u2019s death to file a wrongful death lawsuit. However, certain circumstances can delay the start of the two-year clock. For example, if the wrongful death is the result of a criminal act, the clock doesn\u2019t begin until the conclusion of the criminal case.If you wish to pursue a wrongful death claim, it\u2019s best to speak to a lawyer as soon as possible to make sure you don\u2019t run into any trouble with George\u2019s statute of limitations on wrongful death lawsuits.Why You Need a Top Georgia Wrongful Death AttorneyAs with any personal injury case, there\u2019s a lot of work involved in wrongful death claims. There\u2019s evidence to gather, paperwork to submit, negotiations with the liable parties, court hearings to attend, and more. If you don\u2019t have an experienced wrongful death attorney at your side, your claim may be denied, or you may not get the compensation you could have otherwise received.Butler Kahn has handled many of these cases, so we know how to effectively build a claim and fight for the money you deserve. We\u2019d be happy to review your situation and advise your family about how best to proceed.\u00a0 Visit our contact page or call one of our offices for a free case review."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/butlerfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Who Can File a Wrongful Death Lawsuit in Georgia?","item":"https:\/\/butlerfirm.com\/blog\/who-can-file-a-wrongful-death-lawsuit-in-georgia\/#breadcrumbitem"}]}]