When it comes to wrongful death lawsuits in the state of Georgia, there are specific rules that must be followed, such as who can file a claim. The experienced attorneys at Chambers & Rice Attorney at Law in Homerville, GA, have been practicing for over 40 years, and have created a quick guide for family members who’ve experienced a loss due to negligence.
Who Can Bring A Wrongful Death Action?
Georgia state law imposes a strict order as to who can bring a wrongful death lawsuit. The hierarchy is as follows:
- Spouse & Children: If a legal spouse survives the deceased, they are afforded the right to bring a wrongful death claim. If a spouse and children survive the deceased, the spouse must file on behalf of herself or himself and the children. The award is then typically split one-third to the partner and the remainder dispersed amongst the children.
- Children: If a spouse does not survive the deceased, the children have the right to file a claim, and the award would be distributed evenly.
- Parent: Sometimes the deceased has neither spouse nor children. In this case, their parents may file a claim.
- Estate: If none of the aforementioned parties have survived the deceased, the Estate has the right to the wrongful death claim. The benefits are then retained for the next of kin.
If you have questions regarding a wrongful death claim, a personal injury attorney will help you obtain the answers you’re looking for. The lawyers at Chambers & Rice attorney at Law have you covered for the personalized, compassionate, and professional legal aid you need to secure the justice you deserve. Like their Facebook page for updates, or call (912) 487-2802 today to schedule your free case consultation today.