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Wrongful Death Claim: Georgia Rules for Determining Who Can File


Blog Category:
5/10/2012
Shane Smith
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To be able to file a wrongful death claim in Georgia, you must show that you have a connection to the deceased, either by family relationship or legal appointment. In Georgia, there is a hierarchy as to who is first eligible to file this type of claim, which include: 
  • surviving spouse;
  • surviving children;
  • surviving parents;
  • next of kin; and
  • the estate of the deceased. 

When there are multiple children or other eligible parties seeking to file the claim, it can complicate matters very quickly. It is in your family’s best interest to work with a personal injury attorney who focuses on wrongful death claims to help minimize the stress of filing the claim in Georgia courts. 

It is important to remember that just because a single party files the claim does not mean that person will receive the entire settlement. A wrongful death settlement may have stipulations that a certain amount of compensation goes to the spouse and is divided among the other dependents.

Each case is different, meaning there is no one answer on how to deal with filing a wrongful death claim. Your best option is to consult an attorney to determine the critical information needed to resolve a case of this magnitude.

When It’s Time to Talk to a Georgia Personal Injury Attorney

The unexpected loss of a loved one due to a catastrophic accident is never an easy situation to deal with. During this difficult time it’s easy to get frustrated with your circumstances – your family didn’t deserve to suffer due to the negligence of another!

At The Law Offices of Shane Smith we help the families of accident victims seek justice after they’ve suffered losses due to another’s negligence. We have helped victims in Atlanta and the surrounding areas with cases of accidents caused by negligent drivers or other accidents resulting in fatal injury.

Before making the decision to hire an attorney, request a copy of our FREE eBooks on DUI car accidents, property damage and what to avoid in a Georgia car accident claim. Our guides contain valuable information on how to handle filing a wrongful death claim on behalf of your loved one. When you’re ready to get started on your claim, contact us to set up a FREE consultation with an Atlanta personal injury attorney – 1-770-487-8999.


Category: Wrongful Death

Shane Smith
Advocate for the Seriously Injured in Georgia

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