[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/bayukpratt.com\/blog\/who-can-file-wrongful-death-claim-in-georgia\/#BlogPosting","mainEntityOfPage":"https:\/\/bayukpratt.com\/blog\/who-can-file-wrongful-death-claim-in-georgia\/","headline":"Who Can File a Wrongful Death Claim in Georgia?","name":"Who Can File a Wrongful Death Claim in Georgia?","description":"In Georgia, certain family members, such as a decedent’s spouse, children, or parents, may file a wrongful death claim. When a decedent leaves no eligible surviving family members, the administrator or executor of their estate can bring the wrongful death claim on behalf of the decedent’s next of kin. An experienced Georgia wrongful death lawyer […]","datePublished":"2025-04-29","dateModified":"2025-11-12","author":{"@type":"Person","@id":"https:\/\/bayukpratt.com\/blog\/author\/bradley-pratt\/#Person","name":"Bradley Pratt","url":"https:\/\/bayukpratt.com\/blog\/author\/bradley-pratt\/","identifier":30,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/d2abbb828206a8b77c011e1b2c0923c556774aaaccebeb0feda9d7f50da2df81?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/d2abbb828206a8b77c011e1b2c0923c556774aaaccebeb0feda9d7f50da2df81?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Bayuk Pratt LLC","logo":{"@type":"ImageObject","@id":"https:\/\/bayukpratt.com\/wp-content\/uploads\/2023\/10\/bayuk-pratt-black-logo.svg","url":"https:\/\/bayukpratt.com\/wp-content\/uploads\/2023\/10\/bayuk-pratt-black-logo.svg","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/bayukpratt.com\/wp-content\/uploads\/2024\/09\/lady-crying-cemetery.jpg","url":"https:\/\/bayukpratt.com\/wp-content\/uploads\/2024\/09\/lady-crying-cemetery.jpg","height":667,"width":1000},"url":"https:\/\/bayukpratt.com\/blog\/who-can-file-wrongful-death-claim-in-georgia\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=NqmiTsd83Po#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=NqmiTsd83Po","name":"Who Can File a Wrongful Death Claim in Georgia? - Bayuk Pratt LLC","description":"At Bayuk Pratt, our battle-tested personal injury lawyers know what it takes to demand and win maximum compensation. We use insider experience to tackle the most complex cases, with $300M recovered for Atlanta accident victims.\n\nFor more information, please visit: https:\/\/bayukpratt.com\/blog\/who-can-file-wrongful-death-claim-in-georgia\/\n\nBayuk Pratt LLC\n4401 Northside Parkway NW\nSuite 390\nAtlanta, Georgia 30327\n404-500-2669","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/NqmiTsd83Po\/default.jpg","https:\/\/i.ytimg.com\/vi\/NqmiTsd83Po\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/NqmiTsd83Po\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/NqmiTsd83Po\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/NqmiTsd83Po\/maxresdefault.jpg"],"uploadDate":"2025-04-28T23:58:33+00:00","duration":"PT2M54S","embedUrl":"https:\/\/www.youtube.com\/embed\/NqmiTsd83Po","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UC7GEX5HJjqECFo0kfJciRgg#Organization","url":"https:\/\/www.youtube.com\/channel\/UC7GEX5HJjqECFo0kfJciRgg","name":"Bayuk Pratt LLC","description":"At Bayuk Pratt, we use 50-plus years of combined experience to fight for maximum compensation for Atlanta accident injury victims \u2014 and win it. We provide our clients with an insider\u2019s advantage not available anywhere else, resulting in over $300 million recovered for clients.\n\nOur founders, Frank Bayuk and Bradley Pratt, are former high-stakes defense lawyers. They have a deep understanding of the tactics giant corporations and their insurers use to undercut or deny compensation in motor vehicle injury, catastrophic accidents, and civil claims. 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When a decedent leaves no eligible surviving family members, the administrator or executor of their estate can bring the wrongful death claim on behalf of the decedent’s next of kin. An experienced Georgia wrongful death lawyer can explain your rights to you in detail and pursue the filing process on your behalf.\ufeffWhat Is the Hierarchy for Filing a Wrongful Death Claim in Georgia?If you\u2019ve lost a loved one because of something someone else did, your family deserves justice and accountability for what you\u2019ve had to suffer. A wrongful death claim can allow you to hold at-fault parties responsible for your loved one’s passing. However, filing a wrongful death claim in Georgia involves specific rules and procedures, including requirements for who may file the claim:Surviving SpouseUnder Georgia\u2019s wrongful death act, a surviving spouse may bring a wrongful death action for their spouse\u2019s passing. If a surviving spouse passes away after filing a wrongful death claim, the action survives to the decedent\u2019s children.Surviving ChildrenIf a decedent left no surviving spouse, then the decedent\u2019s children may bring the wrongful death action. A minor child can bring a wrongful death action following a parent\u2019s death through a parent, guardian, or next friend \u2013 a person who appears in court on behalf of someone who is not eligible to do so themselves.Surviving ParentsWhen someone passes away without a surviving spouse or children, the decedent\u2019s parents may have the right to file the wrongful death action under state law.Representative of the EstateIf a decedent leaves no survivor entitled to bring a wrongful death action, Georgia law gives the administrator or executor of the decedent\u2019s estate the right to bring the action. Any compensation recovered this way goes to the decedent\u2019s next of kin. The administrator or executor can also recover on behalf of the decedent\u2019s estate for funeral, medical, and other expenses arising from the decedent\u2019s final injury and death. Contact our Atlanta wrongful death lawyer today.What Is Needed to Bring a Georgia Wrongful Death Claim?To recover compensation from a wrongful death claim you must prove that another party caused your loved one\u2019s death through their negligent or intentional conduct. In wrongful death cases involving negligence, you must establish four elements:Duty of care \u2013 The liable party must have owed your loved one a certain level of care. For example, in fatal car accidents, the at-fault driver had a duty to drive carefully and obey traffic laws.Breach of duty \u2013 You must then prove that the responsible party didn\u2019t meet this level of care, such as by running a red light or manufacturing a defective product.Causation \u2013 The at-fault party\u2019s action must have caused your loved one\u2019s fatal injuries.Damages \u2013 You have to show that your loved one\u2019s death resulted in losses, such as medical expenses, funeral costs, and lost income.Depending on the circumstances of your loved one’s death, you may need various forms of evidence to prove the cause of their death and identify who is at fault for it. This evidence might include the following:Accident scene photos and videosSurveillance camera footageEyewitness testimonyPolice motor vehicle accident reportsMedical records and treatment notesRepair and maintenance recordsPost-accident inspectionsStaffing recordsWritten correspondenceCell phone recordsTestimony and reports from accident reconstruction, engineering, or medical expertsAn experienced wrongful death attorney can help you recover evidence relevant to the circumstances of your loved one\u2019s passing to determine who you can hold responsible for your family\u2019s loss.What Types of Damages Can Be Claimed in a Georgia Wrongful Death Lawsuit?In Georgia, a wrongful death claim allows a decedent\u2019s family to recover compensation for \u201cthe full value of the life of the decedent.\u201d The \u201cfull value\u201d of the decedent\u2019s life includes financial and intangible losses, such as:The decedent\u2019s wages and financial contributions to the family, including benefits such as health insuranceThe value of the services the decedent provided to the household, such as housekeeping, childcare, or home maintenanceThe decedent\u2019s care, companionship, and adviceWhen an individual dies a survival action can be brought along with a wrongful death claim. The survival action seeks to recover compensation for losses incurred by the decedent or their estate, such as:Medical expenses for treating the decedent\u2019s final injury or illnessConscious pain and suffering experienced by the decedent before their deathLoss of wages between the decedent\u2019s injury and deathReasonable funeral and burial expensesOther expenses arising from the decedent\u2019s injury or illnessHow Long Do You Have to File a Wrongful Death Lawsuit in Georgia?Georgia\u2019s statute of limitations generally gives your family two years from your loved one\u2019s passing to file a wrongful death lawsuit against those responsible. However, different deadlines may apply in various wrongful death cases.\u00a0 Be sure to ask one of the experts at Bayuk Pratt about any differences that may be applicable for the statute of limitations.Contact a Georgia Wrongful Death LawyerHave you lost someone you love because of someone else\u2019s careless, reckless, or wrongful behavior? If so, you deserve accountability, justice, and compensation for what you and your family suffered. Contact Bayuk Pratt today for a free, no-obligation consultation with an experienced wrongful death lawyer in Georgia, and we\u2019ll explain your options in detail."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/bayukpratt.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Who Can File a Wrongful Death Claim in Georgia?","item":"https:\/\/bayukpratt.com\/blog\/who-can-file-wrongful-death-claim-in-georgia\/#breadcrumbitem"}]}]