Personal Injury Lawyer

Who Can File A Wrongful Death Claim In Georgia?

The death of a loved one can be a traumatic experience for anyone. When a death occurs due to someone else’s actions, that could be grounds for a wrongful death lawsuit or claim. But who has the right to file such a claim? What are your rights?

Laws concerning wrongful death claims vary from state to state. In Georgia, the rules are very clear about exactly who can and cannot file a wrongful death lawsuit. That’s why it’s critical that you have an attorney on your side who understands how the legal system works here.

The Law Offices of Gary Martin Hays and Associates, P.C. can be your guide through this difficult process. Attorney Hays has handled numerous wrongful death cases in Atlanta and throughout Georgia. He understands the rules and knows what it takes to win.

Who Can File A Claim

Georgia has very clear laws stating exactly who can file a wrongful death claim. The list of people who can do so includes:

  • Surviving husband or wife.
  • Surviving minor children.
  • Court-appointed guardian (if children are minors and there’s no surviving parent)
  • Adult children (if there’s no surviving parent)
  • Deceased’s surviving parents (if there’s no surving spouse or children)
  • Any surviving relative (if there’s no surviving spouse, child or parent)

Those rules might seem clear. But the laws involving wrongful death cases in Georgia can be confusing. And if you don’t take legal action in a timely manner, you could miss out on your opportunity for justice.

How We Can Help You

Georgia has strict deadlines for how long surviving family members can legally file a wrongful death claim. In most cases, the deadline (known as the “statute of limitations”) for filing a wrongful death lawsuit in Georgia is 2 to 7 years, depending on whether the deceased person’s estate has been probated.

That might seem like a long time, and we certainly understand the desire to focus on grieving rather than calling an attorney. But the reality is the sooner you take legal action, the better. That’s because the longer you wait, the more difficult it can become to find evidence you may need to build a strong legal case.

Attorney Hays and his talented legal team know how to find the facts that matter. We carefully review accident reports, medical records and frequently consult with experts in their field. And we have the case results to prove it. We’ve recovered millions of dollars for grieving families, to say nothing of the closure a successful wrongful death claim can bring. Find out how we can help you. Contact us and schedule your free consultation.

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