Who is Eligible to File a Wrongful Death Claim in Georgia?

At Dermer Appel Ruder, our Norcross personal injury attorneys stand by families who have lost a loved one due to wrongful acts, including negligence, or intentional or reckless conduct of another party.  Our attorneys are here to help families pursue the justice and financial restitution for their loved one’s losses.  The purpose of a wrongful death claim is to provide compensation to surviving family members or beneficiaries when a person’s death is the result of someone else’s wrongful or negligent actions.

Wrongful death laws allow certain family members or beneficiaries of the deceased person to bring a civil lawsuit against the responsible party or parties seeking financial compensation for their losses. Wrongful death claims can arise from a variety of situations, including car accidents, truck accidents, medical malpractice, nursing home abuse or neglect, defective products, workplace accidents, and intentional acts such as assault or murder.

Wrongful Death Claim

Our Gwinnett County lawyers also know that when families turn to us for help in these critical cases, it is because they have unexpectedly lost a loved one in an incident that could have been prevented. These circumstances are tragic and leave families grief-stricken for months and years to come. Unfortunately, they often suffer financial challenges from their losses long before they have had time to heal.

This is why we are here. Our wrongful death attorneys represent families throughout the state in pursuing claims for their loved one’s losses so they can take the time they need to grieve with the families. It is essential to note in Georgia, not everyone is eligible to file a wrongful death claim.

Not everyone is eligible to initiate a wrongful death claim.  We offer comprehensive guidance on eligibility criteria and how our firm can provide invaluable support in pursuing these claims. Here, we discuss those who may pursue a wrongful death claim and how we can help.

The Spouse of the Deceased

In Georgia, the surviving spouse of the deceased person has the primary right to file a wrongful death claim. If there is a surviving spouse, they have the exclusive right to bring the claim, and any recovery will be for the benefit of the spouse and, if applicable, the children.

The Children of the Deceased

If there is no surviving spouse, the surviving children of the deceased may bring a wrongful death claim. If there is more than one surviving child, the recovery is typically divided equally among them.

The Parents of the Deceased

If the deceased person had no surviving spouse or children, the surviving parents may file a wrongful death claim.

The Representatives of the Estate

If there are no surviving spouses, children, or parents, a personal representative or executor of the deceased person’s estate may file a wrongful death claim on behalf of the estate.

Any recovery will then be distributed according to the deceased person’s will or Georgia’s laws of intestate succession if there is no will. If the deceased person did not leave a will or did not appoint an executor, the court may appoint an administrator to oversee the estate. The administrator will perform similar duties to an executor, including managing assets, paying debts, and distributing property to heirs according to state laws.

How Can the Georgia Wrongful Death Attorneys at Dermer Appel Ruder Help?

The laws governing wrongful death claims can be complex, and the specific circumstances of each case may vary. Our Georgia wrongful death attorneys can help you understand your rights and the legal processes of pursuing a claim.

Our compassionate attorneys work tirelessly for families throughout Georgia, allowing them to take the time they need to grieve. At the same time, we build their case, present the evidence, and negotiate with the liable party’s insurance provider. If you have lost a loved one to negligence, you have been through enough. Let us help.

Reach out to our Norcross personal injury attorneys at Dermer Appel Ruder right away by calling (404)-892-8884 or visit us online to schedule a free consultation. Discover your legal rights and learn more about your options to pursue a successful claim.

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