Homerville, Georgia
69 N Church St.
Homerville, GA 31634
(912) 487-2802

Who Can File a Wrongful Death Lawsuit in Georgia? August 2, 2017

Homerville, Clinch
Who Can File a Wrongful Death Lawsuit in Georgia? , Homerville, Georgia

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.
  • wrongful-deathChildren: 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.   

Other Announcements, Events and Deals from Chambers & Rice Attorneys at Law
How to Maximize the Benefits in a Wrongful Death Case, Homerville, Georgia
If you’ve lost a loved one, no amount of money can ever fill the void left behind. However, if your family relied on that person for financial support and their death was caused by s...read more
When Can You File a Workers’ Compensation Claim in Georgia?, Homerville, Georgia
If you get hurt on the job, you may be wondering whether the incident warrants a workers’ compensation claim, especially if you must miss work—and lose a considerable amoun...read more
How to Determine if You Have a Work Injury Case, Homerville, Georgia
If you were hurt at your place of employment, you may be considering filing a workers’ compensation claim to cover your medical bills and other damages. What you might not know is th...read more
3 Situations That Call for an Auto Accident Attorney , Homerville, Georgia
Being involved in a traffic collision is a physically and emotionally trying experience. If you’ve been hurt, not only will you have to deal with the recovery process, but also ...read more
3 Signs You Should Hire an Attorney After an Accident, Homerville, Georgia
When another individual or organization fails to exercise their duty of care, innocent victims often suffer the consequences. If you’ve been hurt through no fault of your own, the la...read more