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Who Can File a Wrongful Death Claim in Georgia?

Wrongful death claims provide a way for the families of negligence victims to recover compensation for the loss of their loved one. Filing a wrongful death claim serves multiple purposes for those left behind because of negligence.

These claims hold negligent parties accountable, and provide resources to people who were dependent on the deceased person to provide financial security. In general, those dependents are the people who can file wrongful death claims. Every state has different laws that govern who is permitted to file a wrongful death claim. In Georgia, wrongful death claims can be filed by the spouses, children, and parents of the deceased, or a representative of their estate.

Spouses and Children

The spouse of the deceased person is often the primary party that will be able to file a wrongful death claim in the state of Georgia. The spouse of the victim will also represent their children, if applicable. If the deceased person has children who are over the age of 18, they may be able to file a wrongful death claim themselves. The immediate family of a wrongful death victim is usually the most financially and emotionally impacted, so they are often responsible for the legal processes following a death.

Every family is different, and the circumstances surrounding a wrongful death can vary widely. Despite a deceased person’s marital status or whether they had children, there are some situations in which other family members would be able to file a wrongful death claim.


The parents of a deceased person can file a wrongful death claim if the victim was unmarried or did not have any children. If the deceased person was unmarried but had minor children, their parents may be able to represent the children in a wrongful death claim.

Estate Representatives

If there are no surviving family members of the deceased, a wrongful death claim can be filed by a representative of their estate. This may also happen if the deceased person appointed the responsibility to their representative in their will or another legally-binding document. Following the resolution of the claim, the representative will distribute compensation to the deceased person’s family.

Contact The Dickinson Law Firm, LLC for advice on your wrongful death claim. We can represent you and ensure your family receives the compensation you deserve.

If you would like to speak with our legal team, complete our contact form or call (770) 924-8155 to schedule a free consultation with our attorneys.