How Is Wrongful Death Defined in Georgia?

Georgia’s 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’s intentional or reckless conduct.

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:

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.

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’s 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.

Wrongful Death Archives

Q: Who Can Sue for Wrongful Death in Georgia?

Under Georgia law, only the victim’s 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’s estate.

Q: 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’s 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.