404-636-4900 In the unfortunate event that a loved one’s life is tragically cut short due to negligence, Georgia law allows certain relatives of the deceased to initiate a wrongful death claim. Typically, immediate family members such as spouses, children, and parents of the deceased have the primary right to file a claim. However, there are exceptions where others may be eligible.
Which Family Members Can Make a Wrongful Death Claim?
The hierarchy of family members who are eligible to file a wrongful death claim in Georgia is clearly outlined in state law, ensuring that the rights of the deceased’s closest relatives are prioritized.
Surviving Spouse
The surviving spouse of the deceased has the primary right to file a wrongful death claim. This right ensures that the spouse, who is often most directly affected by the loss, can seek compensation for the economic and non-economic damages resulting from their loved one’s death. If there are surviving children, the spouse must also represent their interests in the claim, ensuring that any compensation benefits the entire immediate family. The spouse is guaranteed at least one-third of the total recovery, regardless of the number of children.
Children
If there is no surviving spouse, the children of the deceased have the right to file the wrongful death claim. This applies to both minor and adult children, who share equally in the recovery. This provision recognizes the profound impact of a parent’s death on children and provides a means for them to claim compensation for the support they have lost.
Parents
In cases where the deceased has neither a surviving spouse nor children, the deceased’s parents may file a wrongful death claim. This is particularly common when the deceased is unmarried and childless, providing parents the opportunity to recover damages for the wrongful death of their child.
Can Other Family Relatives Sue For Wrongful Death?
According to Georgia law, the ability of other family relatives such as siblings, cousins, or grandparents to file a wrongful death claim is generally restricted. The law explicitly names the surviving spouse, children, parents of the deceased, or the executor or administrator of the estate as the eligible parties to file a claim. However, there are some situations in which suing for wrongful death may be eligible. You can discuss this with an experienced wrongful death attorney to understand your options.
Specific Situations for Other Relatives
In some cases, wrongful death claims can extend beyond the immediate family and the executor of the estate. This usually applies to situations where the deceased’s immediate family is not present or the estate has no assigned executor or administrator. In these instances, other relatives or the next of kin may have the opportunity to file the claim. However, these scenarios are rare and are typically only considered when no other parties outlined in the statute are capable of filing the claim.
Executor or Administrator of the Estate
If a deceased person leaves no surviving spouse, children, or parents, and a sibling, grandparent, or another relative has been legally appointed as the executor or administrator of the deceased’s estate, they can file a wrongful death claim. In this role, they act not in a personal capacity but on behalf of the estate. Any damages awarded are handled according to the will of the deceased or, if there is no will, according to the state’s laws on intestate succession.
Next of Kin in Absence of Immediate Family
According to OCGA § 51-4-5, if there are no immediate family members and no executor or administrator appointed, the next of kin as determined by intestate laws may be considered for filing the claim. This situation is exceedingly rare and typically occurs only when no other parties outlined in the statute are available or capable of filing the claim.
How are Wrongful Death Settlements Calculated?
The settlement calculation takes into account the deceased’s earning potential, their role in the family, and the emotional impact of their absence on the family. Each of these factors helps to determine the appropriate compensation amount to address the full scope of the loss experienced.
The primary components considered include:
- Economic damages: These are quantifiable and include lost wages (future earnings of the deceased), medical expenses incurred prior to death, and funeral and burial costs.
- Non-economic damages: These cover intangible losses such as pain and suffering experienced by the deceased before death, and loss of companionship, guidance, and emotional support for the family members.
What is the Highest Wrongful Death Settlement?
Some wrongful death cases result in significant settlements, especially those involving gross negligence or malicious intent. Settlements can reach into the millions, with amounts varying based on the circumstances of the case and the profile of the defendant. Our firm has achieved settlements of up to $12,000 million for our clients, as highlighted in our case results. These exceptional cases often involve substantial economic damages and profound non-economic impacts.
Contact a Wrongful Death Attorney at Deming Parker
Dealing with a wrongful death case involves complex legal challenges and deeply personal concerns. At Deming Parker, we provide expert legal assistance tailored to the specific needs of each client facing such difficult circumstances. Our attorneys specialize in wrongful death claims, offering both the legal acumen and the compassionate support necessary to navigate these painful experiences effectively.
For direct assistance and detailed understanding of how to secure the rights and compensation your family deserves, reach out to our team. We are prepared to explain your options clearly and help you understand the potential outcomes of your claim.
