Losing a loved one is a devastating experience, and it is made even more tragic when the death was caused by the negligence or misconduct of another person. In these situations, Georgia law allows certain surviving family members to file a wrongful death lawsuit to seek justice and compensation for their loss. However, the rules about who can and cannot file a wrongful death claim are very specific. Understanding these rules is the first step in navigating the legal process.
Many people are surprised to learn that not just any family member can file a wrongful death lawsuit. Georgia has a strict hierarchy that determines who has the legal right, or “standing,” to bring a claim. The experienced Georgia wrongful death lawyers at Chance, Forlines, Carter & King have guided many families through this complex area of the law. This blog post will explain the rules of standing in Georgia wrongful death cases so you can understand your rights.
The Hierarchy of Standing in Georgia Wrongful Death Cases
Georgia Code § 51-4-2 establishes a specific order of priority for who can file a wrongful death lawsuit. This hierarchy is as follows:
1.The Surviving Spouse: The surviving spouse of the deceased person has the primary right to file a wrongful death claim. If the deceased person also had minor children, the surviving spouse must act as a representative for the children and share any compensation with them.
2.The Surviving Children: If there is no surviving spouse, the right to file a wrongful death claim passes to the deceased person’s children. This includes both minor and adult children.
3.The Surviving Parents: If there is no surviving spouse or children, the right to file a wrongful death claim passes to the deceased person’s parents.
4.The Personal Representative of the Estate: If there is no surviving spouse, children, or parents, the personal representative (or executor) of the deceased person’s estate can file a wrongful death claim. In this case, any compensation recovered is held by the estate and distributed to the next of kin.
It is important to note that this is a strict hierarchy. For example, if the deceased person has a surviving spouse, the children cannot file a claim, even if they are adults. The only exception is if the surviving spouse is also deceased or cannot be found.
Who Cannot File a Wrongful Death Claim in Georgia?
Just as important as knowing who can file a wrongful death claim is knowing who cannot. Under Georgia law, the following parties generally do not have the legal standing to file a wrongful death lawsuit, no matter how close they were to the deceased:
•Unmarried Partners: Georgia does not recognize common-law marriage, so an unmarried partner has no right to file a wrongful death claim, even if they were in a long-term, committed relationship.
•Siblings: Siblings of the deceased person cannot file a wrongful death claim, unless they are also the personal representative of the estate and there are no other surviving relatives with a higher priority.
•Grandparents: Grandparents do not have the right to file a wrongful death claim for a grandchild, unless they have legally adopted the child.
•Friends and Other Relatives: No matter how close the relationship, friends, cousins, aunts, and uncles have no legal standing to file a wrongful death claim.
These rules can be harsh and may seem unfair, but they are strictly enforced by the courts in Georgia. This is why it is so important to speak with an experienced wrongful death attorney who can help you understand your rights and options.
The Two Types of Wrongful Death Claims in Georgia
In Georgia, a wrongful death action is actually two separate claims:
1.The Wrongful Death Claim: This claim is brought by the surviving family members (according to the hierarchy described above) to compensate them for the “full value of the life of the decedent.” This includes both the economic value of the person’s life (such as lost wages and benefits) and the intangible value (such as loss of companionship, care, and comfort).
2.The Estate Claim: This claim is brought by the personal representative of the estate to recover damages that the deceased person could have claimed if they had survived. This includes medical expenses incurred before death, funeral and burial expenses, and any pain and suffering the deceased person endured before they died.
An experienced Georgia personal injury lawyer will help you navigate both of these claims to ensure that you receive the maximum compensation available under the law.
Frequently Asked Questions About Wrongful Death Claims
Q: How long do I have to file a wrongful death lawsuit in Georgia?
A: The statute of limitations for wrongful death claims in Georgia is generally two years from the date of the death. However, there are some exceptions, so it is crucial to speak with an attorney as soon as possible.
Q: What if the person who caused the death is also facing criminal charges?
A: A wrongful death lawsuit is a civil action, which is separate from any criminal charges. You can still file a civil lawsuit even if the person is not convicted of a crime. In fact, the burden of proof is lower in a civil case, so it may be easier to win a wrongful death lawsuit than it is for the state to secure a criminal conviction.
Q: What if the deceased person was partially at fault for the accident?
A: Georgia follows a modified comparative negligence rule. This means that you can still recover damages as long as the deceased person was less than 50% at fault for the accident. However, your compensation will be reduced by the percentage of fault attributed to the deceased.
Understanding Your Rights in a Georgia Wrongful Death Case
The laws surrounding wrongful death claims in Georgia are complex and can be confusing, especially when you are grieving the loss of a loved one. You do not have to navigate this difficult process alone. The compassionate and experienced wrongful death attorneys at Chance, Forlines, Carter & King are here to help. We will handle all the legal details so you can focus on your family. We have a deep understanding of Georgia’s wrongful death laws and a proven track record of success in these cases. Contact us today for a free and confidential consultation to learn more about your rights and options. Call us at 404-760-7400 or fill out our online contact form to get started.