[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/butlerfirm.com\/blog\/who-can-sue-wrongful-death\/#BlogPosting","mainEntityOfPage":"https:\/\/butlerfirm.com\/blog\/who-can-sue-wrongful-death\/","headline":"Who Can Sue for Wrongful Death in Georgia?","name":"Who Can Sue for Wrongful Death in Georgia?","description":"The untimely loss of a family member is a heart-wrenching experience under any circumstances. But if someone else\u2019s negligence was responsible for your loss, the pain can be compounded by righteous anger at the responsible party. You may also be left wondering how your family will cope without your loved one\u2019s emotional and financial support.… Continue reading Who Can Sue for Wrongful Death in Georgia?<\/span><\/a>","datePublished":"2023-03-29","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\/2022\/01\/grieving-couple.jpg","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2022\/01\/grieving-couple.jpg","height":666,"width":1000},"url":"https:\/\/butlerfirm.com\/blog\/who-can-sue-wrongful-death\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=h-LGWYIzTM0#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=h-LGWYIzTM0","name":"LAWYER: Who Gets the Money in a Wrongful Death Case?","description":"People often wonder who will get paid after a wrongful death claim has been filed. In this video, we discuss how the money recovered from wrongful death claims are distributed among the deceased person\u2019s loved ones and family. We also discuss how wrongful death claims differ from estate claims and how the funds are distributed for each. \n\nFor more information on wrongful death cases, visit https:\/\/butlerfirm.com\/georgia-wrongful-death-lawyers\/ \n\n\u2757DISCLAIMER\u2757\n\nWe are not your lawyer. All content provided is for informational purposes only and not for the purpose of providing legal advice. Any verdicts, settlements or other case results discussed are not guaranteed and must be evaluated on their own merits.\n\nButler Kahn: https:\/\/butlerfirm.com\/\n\nAtlanta, Georgia location:\nhttps:\/\/maps.app.goo.gl\/Y3fCFkRVAn7jzGD16\n\nLawrenceville, Georgia location:\nhttps:\/\/maps.app.goo.gl\/PaShwcicz5DQDFsD6\n\nRoswell, Georgia location:\nhttps:\/\/maps.app.goo.gl\/uTVtgfq3RspJ5QQbA\n\nJonesboro, Georgia location:\nhttps:\/\/maps.app.goo.gl\/Jr2umQB8o32QaaRK6\n\nFREE GUIDES\nWhat To Do After a Car Accident: https:\/\/butlerfirm.com\/georgia-car-accident-lawyers\/what-to-do-after-an-accident\/\nShould I Hire an Accident Lawyer: https:\/\/butlerfirm.com\/atlanta-car-accident-lawyers\/when-needed\/\nGeorgia Wrongful Death Statute Explained: https:\/\/butlerfirm.com\/blog\/georgia-wrongful-death-statute-explained\/\n\nJOIN US ON SOCIAL MEDIA\nFacebook: https:\/\/www.facebook.com\/butlerfirmllc\nTwitter: https:\/\/twitter.com\/Butler_Firm\nInstagram: https:\/\/www.instagram.com\/butler_law_firm\/\nLinkedIn: https:\/\/www.linkedin.com\/company\/butlerfirm\/\n\nSEE OUR REVIEWS \nGoogle: https:\/\/search.google.com\/local\/reviews?placeid=ChIJoR24iRoG9YgRSH8GpDMLiMQ\nFacebook: https:\/\/www.facebook.com\/butlerfirmllc\/reviews\/","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/h-LGWYIzTM0\/default.jpg","https:\/\/i.ytimg.com\/vi\/h-LGWYIzTM0\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/h-LGWYIzTM0\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/h-LGWYIzTM0\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/h-LGWYIzTM0\/maxresdefault.jpg"],"uploadDate":"2021-03-11T19:10:16+00:00","duration":"PT2M36S","embedUrl":"https:\/\/www.youtube.com\/embed\/h-LGWYIzTM0","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=h-LGWYIzTM0#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=h-LGWYIzTM0#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=h-LGWYIzTM0&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=h-LGWYIzTM0#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":878}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=h-LGWYIzTM0#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":8}]},"about":["Wrongful Death"],"wordCount":1899,"articleBody":"The untimely loss of a family member is a heart-wrenching experience under any circumstances. But if someone else\u2019s negligence was responsible for your loss, the pain can be compounded by righteous anger at the responsible party. You may also be left wondering how your family will cope without your loved one\u2019s emotional and financial support.If someone in your family has died and you believe someone else was at fault, Georgia law may allow you to file a wrongful death lawsuit. However, not all surviving family members are eligible to file a wrongful death claim.Who Can Sue for Wrongful Death in Georgia?Under Georgia law, only the victim\u2019s surviving spouse, children, and parents can sue for wrongful death. If the victim has no surviving family members, a personal representative may file a wrongful death lawsuit on behalf of the victim\u2019s estate.\u00a0The\u00a0Georgia wrongful death lawyers\u00a0at Butler Kahn have many years of experience handling these delicate, emotional cases. After hearing more about your circumstances, we can explain your legal options to you. Here, we will explain who can file a wrongful death lawsuit and under what circumstances. If you still have questions about your unique wrongful death case, contact our office for a free case evaluation. How Is Wrongful Death Defined in Georgia?Georgia\u2019s Wrongful Death Act defines wrongful death as any death that results from a crime, negligence, or a defective product of some kind. In short, wrongful death is any death that results from someone else\u2019s intentional or reckless conduct.For example, a person who was shot to death has suffered a wrongful death, as has someone who died in a car accident that was someone else\u2019s fault. If you\u2019re not sure whether the loss of your loved one would be considered a wrongful death, talk to a wrongful death lawyer who can analyze your situation and explain your options.Who Brings a Georgia Wrongful Death Claim?Georgia law is quite explicit about who can and cannot file a wrongful death claim after the death of a family member and establishes an order of eligibility. The four categories of people who can file a wrongful death claim in Georgia include:The deceased\u2019s spouse \u2013 The spouse of the deceased has the first chance to file a wrongful death claim. However, former spouses cannot file a wrongful death claim if the deceased was divorced when they died.The deceased\u2019s children \u2013 If the deceased does not have a surviving spouse, then any surviving children are next in line to bring a wrongful death claim. However, the deceased\u2019s surviving children cannot file a wrongful death claim if there is a surviving spouse, even if the surviving spouse does not wish to file a claim.The deceased\u2019s parents \u2013 If the deceased had no surviving spouse or children, a surviving parent is next in line to file a wrongful death claim.The representative of the deceased\u2019s estate \u2013 Lastly, if there are no surviving spouse, children, or parents, the representative of the decedent’s estate may bring a wrongful death claim. The estate will hold any money recovered through such a claim and divide it among the deceased\u2019s eligible next-of-kin.Who Gets the Money in a Wrongful Death Lawsuit in Georgia?The Georgia Wrongful Death Act states that any compensation recovered through a wrongful death action will be divided between the deceased\u2019s surviving spouse and any surviving children. If the deceased has no surviving spouse but does have surviving children, then the surviving children will divide the compensation.Should the deceased have no surviving spouse or children, whatever compensation is recovered through a wrongful death recovery claim will be split among the deceased\u2019s beneficiaries per the terms of their will or estate plan. If the deceased died without a will, state inheritance laws determine which of the deceased\u2019s next-of-kin may receive any compensation from a wrongful death claim.Can Siblings Sue for Wrongful Death in Georgia?Georgia law is clear about who can file a wrongful death claim after the death of a family member. Siblings are not on the list of eligible parties.If the deceased\u2019s siblings, grandparents, or other relatives wish to pursue a wrongful death claim, they might have two options. The first is to see if one of the eligible family members (a surviving spouse, surviving children, etc.) is willing to file a claim. The second option is to speak with the personal representative of the deceased\u2019s estate and see if they will file a wrongful death claim. If a sibling of the deceased was named as the representative of their estate, that sibling could be allowed to file a wrongful death claim.How Hard Is It to Prove a Georgia Wrongful Death?Proving someone died a wrongful death requires proving that their death was due to another party\u2019s negligent or intentional act. Or, to put it another way, the person bringing the wrongful death suit must demonstrate that the deceased would not have died but for the wrongful behavior of another party.Negligence is a legal concept based on the idea that people, businesses, and other parties have a legal responsibility to avoid injuring others or, in certain circumstances, allowing them to become injured. It may not always be possible to avoid hurting someone else or allowing them to be hurt, but, if possible, reasonable steps should be taken to prevent injuries. If someone does not live up to their duty to avoid injuring another party, they could be found negligent and be held financially liable for the injuries they caused.Please note: The state of Georgia has a Statute of Limitations on the time in which you can file wrongful death claims. That statute of limitations sets that time period at two years. Do not delay if you are considering filing a Georgia wrongful death case. There is much research that needs to be done by our firm to fully prepare your case so as to maximize the likelihood of a successful outcome.Wrong Death Claims When a Spouse or Child Survives the VictimNot everyone can initiate a wrongful death claim. The deceased accident victim might have been a close friend or fianc\u00e9, but an individual cannot bring a wrongful death claim solely because he or she has an emotional attachment to the victim.Rather, section 51-4-2 of the Georgia Code authorizes specific family members to initiate a claim. If those family members are living, they are the only individuals who can bring a wrongful death claim.If the victim was married when he or she died and the victim\u2019s spouse is still alive, Georgia law authorizes the spouse to file a wrongful death claim. If the victim\u2019s spouse brings the claim but dies before it is resolved, the victim\u2019s surviving children can continue pursuing the claim.If the victim was not married at the time of death, any child of the victim is authorized to bring the claim. If that child dies while the claim is pending, the right to pursue the claim passes to the other living children of the victim.While these rules apply in most cases, there are exceptions. For example, a spouse who caused a wrongful death loses the right to bring a wrongful death claim. In that case, the claim can be pursued by the victim\u2019s surviving children (if any) or by others who are next in line to bring the claim.\u00a0Carringer v. Rodgers, 276 Ga. 359, 363-64 (2003).Even if the victim is survived by a spouse, the victim\u2019s children might be authorized to commence the claim when the spouse is unable or unwilling to do so, or is unrelated by blood to the children.\u00a0Mann v. Taser International, Inc., 588 F.3d 1291, 1311 (11th Cir. 2009). A surviving spouse who has abandoned his or her children and cannot be found may also lose the right to bring a wrongful death claim.\u00a0Brown v. Liberty Oil & Refining Corp., 261 Ga. 214, 215-16 (1991).Wrongful Death Claims When No Spouse or Child Survives the VictimWhat happens if the victim was unmarried and had no living children at the time of death? Under section 19-7-1(c) of the Georgia Code, the victim\u2019s parents are next in line to initiate the claim. Whether one or both parents can bring the claim depends on these circumstances:If both parents are alive, still married, and living together, they may bring the claim jointly.If one parent is dead, the surviving parent may bring the claim.If both parents are alive but no longer married, or if they are married but separated, they both have the right to bring the claim. If one parent refuses, the other parent may bring the claim on behalf of both parents.As stated in section 19-7-1(c)(3) of the Georgia law, a right of recovery exists for every wrongful death. If the deceased victim has no surviving spouse, child, or parent, section 51-4-5 of the Georgia Code provides that the victim\u2019s estate can bring a claim for the victim\u2019s wrongful death.A wrongful death claim is commenced by filing a lawsuit unless the claim is resolved by settlement before suit is filed. Regardless of the person who is authorized to bring the claim, Georgia law also determines how the proceeds of a settlement or judgment will be distributed. You can read\u00a0Where Does the Money Go in a Wrongful Death Case?\u00a0to learn who participates in the payment of a wrongful death claim.Estate ClaimsWhen the victim\u2019s estate brings a claim to recover the expenses of the victim\u2019s death and\/or compensation for the victim\u2019s pain and suffering, the claim is brought by the estate\u2019s administrator. The probate court will appoint an administrator. If the accident victim had a Will, the administrator will usually be the personal representative named in the Will.If the administrator is also a person who is authorized to bring a wrongful death claim (as is often true when the accident victim is survived by a spouse), that person can bring both claims. The administrator might also bring both an estate claim and a wrongful death claim when none of the other people described above (a spouse, child, or parent) are alive at the time of the accident victim\u2019s death.If your loved one died in Georgia and you are wondering who should begin an Atlanta wrongful death claim, the experienced attorneys at Butler Kahn can answer your questions.Our Wrongful Death Lawyers in Georgia Are Ready to TalkAt Butler Kahn, we understand the pain of losing a loved one due to another person\u2019s negligence. While there\u2019s no way to bring your loved one back, depending on the circumstances, you may be able to hold the responsible party accountable for their negligent actions through a wrongful death claim.A wrongful death claim can also provide you with the money you need to cover the deceased\u2019s medical bills, burial and funeral costs, and other losses. If the deceased was the primary provider for your family, a wrongful death claim is a way to recover the income you\u2019ve lost due to their death.To learn more about wrongful death cases in Georgia,\u00a0contact our office\u00a0for a free consultation.{\"@context\":\"https:\/\/schema.org\",\"@type\":\"FAQPage\",\"mainEntity\":[{\"@type\":\"Question\",\"name\":\"How Is Wrongful Death Defined in Georgia?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"Georgia\u2019s Wrongful Death Act defines wrongful death as any death that results from a crime, negligence, or a defective product of some kind. In short, wrongful death is any death that results from someone else\u2019s intentional or reckless conduct.\\n\\nFor example, a person who was shot to death has suffered a wrongful death, as has someone who died in a car accident that was someone else\u2019s fault. If you\u2019re not sure whether the loss of your loved one would be considered a wrongful death, talk to a wrongful death lawyer who can analyze your situation and explain your options.\"}},{\"@type\":\"Question\",\"name\":\"Who Brings a Georgia Wrongful Death Claim?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"Georgia law is quite explicit about who can and cannot file a wrongful death claim after the death of a family member and establishes an order of eligibility. The four categories of people who can file a wrongful death claim in Georgia include:\\n\\n* The deceased\u2019s spouse \u2013 The spouse of the deceased has the first chance to file a wrongful death claim. However, former spouses cannot file a wrongful death claim if the deceased was divorced when they died.\\n* The deceased\u2019s children \u2013 If the deceased does not have a surviving spouse, then any surviving children are next in line to bring a wrongful death claim. However, the deceased\u2019s surviving children cannot file a wrongful death claim if there is a surviving spouse, even if the surviving spouse does not wish to file a claim.\\n* The deceased\u2019s parents \u2013 If the deceased had no surviving spouse or children, a surviving parent is next in line to file a wrongful death claim.\\n* The representative of the deceased\u2019s estate \u2013 Lastly, if there are no surviving spouse, children, or parents, the representative of the decedent's estate may bring a wrongful death claim. The estate will hold any money recovered through such a claim and divide it among the deceased\u2019s eligible next-of-kin.\"}},{\"@type\":\"Question\",\"name\":\"Who Gets the Money in a Wrongful Death Lawsuit in Georgia?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"The Georgia Wrongful Death Act states that any compensation recovered through a wrongful death action will be divided between the deceased\u2019s surviving spouse and any surviving children. If the deceased has no surviving spouse but does have surviving children, then the surviving children will divide the compensation.\\n\\nShould the deceased have no surviving spouse or children, whatever compensation is recovered through a wrongful death recovery claim will be split among the deceased\u2019s beneficiaries per the terms of their will or estate plan. If the deceased died without a will, state inheritance laws determine which of the deceased\u2019s next-of-kin may receive any compensation from a wrongful death claim.\"}},{\"@type\":\"Question\",\"name\":\"Can Siblings Sue for Wrongful Death in Georgia?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"Georgia law is clear about who can file a wrongful death claim after the death of a family member. Siblings are not on the list of eligible parties.\\n\\nIf the deceased\u2019s siblings, grandparents, or other relatives wish to pursue a wrongful death claim, they might have two options. The first is to see if one of the eligible family members (a surviving spouse, surviving children, etc.) is willing to file a claim. The second option is to speak with the personal representative of the deceased\u2019s estate and see if they will file a wrongful death claim. If a sibling of the deceased was named as the representative of their estate, that sibling could be allowed to file a wrongful death claim.\"}},{\"@type\":\"Question\",\"name\":\"How Hard Is It to Prove a Georgia Wrongful Death?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"Proving someone died a wrongful death requires proving that their death was due to another party\u2019s negligent or intentional act. Or, to put it another way, the person bringing the wrongful death suit must demonstrate that the deceased would not have died but for the wrongful behavior of another party.\\n\\nNegligence is a legal concept based on the idea that people, businesses, and other parties have a legal responsibility to avoid injuring others or, in certain circumstances, allowing them to become injured. It may not always be possible to avoid hurting someone else or allowing them to be hurt, but, if possible, reasonable steps should be taken to prevent injuries. If someone does not live up to their duty to avoid injuring another party, they could be found negligent and be held financially liable for the injuries they caused.\\n\\nPlease note: The state of Georgia has a Statute of Limitations on the time in which you can file wrongful death claims. That statute of limitations sets that time period at two years. Do not delay if you are considering filing a Georgia wrongful death case. There is much research that needs to be done by our firm to fully prepare your case so as to maximize the likelihood of a successful outcome.\"}}]}"},{"@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 Sue for Wrongful Death in Georgia?","item":"https:\/\/butlerfirm.com\/blog\/who-can-sue-wrongful-death\/#breadcrumbitem"}]}]