Who can bring a wrongful death claim?

On Behalf of | May 22, 2023 | Personal Injury |

When a tragedy takes the life of someone you care deeply about, it can feel like nothing will ever be alright again. In addition to overwhelming grief, families may also need to deal with legal matters and seek accountability from those responsible for the death.

Often, families feel lost or confused in this process, so it’s important they understand who can bring a wrongful death claim and receive justice for their loved one.

The wrongful death statute

Under Georgia’s statute of limitations, the surviving spouse, child, or parent of a deceased victim can file a wrongful death claim within two years from the date of the deceased’s death.

There are strict rules on who can bring the claim. If the deceased left a surviving spouse, they have priority over any other potential claimants. In cases where there is no surviving spouse, any children or parents of the deceased have priority over other potential claimants, such as siblings or extended family members.

If the deceased had no spouse, children, or parents, then the estate’s executor could file a wrongful death claim. It is also important to note that certain individuals may not be allowed to bring a wrongful death lawsuit in Georgia under certain circumstances. For example, if an individual was married at the time of their passing but had been separated from their spouse for more than two years, then their spouse would not be eligible to bring a wrongful death suit on behalf of that individual.

If you believe that someone else’s negligence or wrongdoing caused your loved one’s passing, it is vital to understand your rights and options under state law.