Who Can File a Wrongful Death Lawsuit in Georgia?

Quick Take

Who Can File a Wrongful Death Lawsuit in Georgia, and What Happens When Family Members Disagree.

Who can file a wrongful death lawsuit in Georgia? It’s not always clear. In the midst of grief and loss, most families simply do not know where to start, what to do, or or who is even allowed to take that first legal step.

Fortunately, Georgia law outlines a very specific order of who can file a wrongful death claim. It provides clarity regarding not only who can bring a case, but who has a right to recover damages, and how those damages are ultimately distributed.

Here, we will break down how the state decides who has legal standing, starting with the surviving spouse and moving down the line. Each layer of Georgia’s law provides protections and carries real consequences for grieving families. This is especially true when conflicts arise between potential claimants.

Understanding this order can help establish a roadmap for families and is often the first step in seeking justice.

What Qualifies as a Wrongful Death in Georgia

Under Georgia law, a wrongful death occurs when a person dies as a result of another party’s negligent or reckless or intentional or criminal actions. The ultimate causes of death can include everything from car accidents and medical malpractice, to work-site accidents, defective products or construction site negligence.

The official language comes from Georgia Code Title 51. It defines wrongful death as the death of a person caused by the “negligent, reckless, intentional, or criminal” act of another. It is this specific phrasing that establishes the legal foundation for what kinds of cases will qualify.

Common Causes of Wrongful Death Lawsuits in Georgia

Some of the most common situations leading to wrongful death lawsuits in Georgia include:

• Fatal car or truck accidents
• Medical errors or hospital negligence
• Workplace injuries or construction accidents
• Defective consumer products
• Acts of violence or criminal behavior

For families pursuing justice, it often begins with identifying whether the death fits within this definition.

To view the legal definition of wrongful death directly, the Georgia Code is available online through Justia’s Georgia Code Title 51.

Understanding this definition is critical, as it sets the stage for who can actually bring the case, and whether the law will support their claim.

Who Has Priority to File a Wrongful Death Lawsuit in Georgia?

Georgia law follows a strict order when it comes to who can bring a wrongful death lawsuit and not everyone affected by the loss has actual legal standing. The right to file is prioritized based on the relationship to the deceased.

1. Surviving Spouse

The surviving spouse is the first individual in line. As a matter of law, they have the exclusive right to file a wrongful death claim, or choose not to. If the deceased and the spouse had minor children together, the spouse will also represent the children’s interests, in the event of a lawsuit. However, while the spouse is the only one who can bring a claim, and is responsible for representing each of these individuals, the law requires that damages be shared equally among the spouse and children. When other claimants are involved,  the spouse will receive a minimum of  one-third of the total recovery.

2. Children (if no surviving spouse)

If there is no surviving spouse, the surviving children may file the lawsuit. This includes adult children. When many children are involved, each individual shares the right equally and may file jointly.

3. Parents (if no spouse or children)

When there is no spouse or child, the parents of the deceased are next in line. Either parent can bring the claim, regardless of whether the parents were married or living together at the time of the death.

4. Estate Representative (if no eligible family)

If none of the above relatives exist or are able to file, the administrator or executor of the deceased’s estate can pursue the claim. Any recovery goes to the next of kin through the estate.

This hierarchy ensures that only one party or group brings the claim, preventing multiple lawsuits for the same wrongful death.

You can see how this priority plays out in sensitive cases like the Toddler Wrongful Death case, where representation often depends on surviving guardians. Related issues involving long-term care or damages may also tie into planning tools like those discussed in Life Care Plan.

Understanding the Difference Between Estate and Family Claims

Georgia allows for two distinct types of wrongful death claims:

• One type of wrongful death claim is that which is brought by the surviving family, which focuses on the full value of the deceased’s life.
• The second type of claim is brought by the estate representative, which covers expenses and suffering that occurred prior to death.

Family Claim: Full Value of Life

This is the claim brought by the surviving spouse, children, or parents. It covers what the law calls the “full value of the life” of the deceased. That includes both economic and intangible losses:

• Lost income and benefits the deceased would have earned
• Loss of care, companionship, and enjoyment of life

This type of claim focuses on what the deceased lost by dying prematurely—not what the family lost.

Estate Claim: Expenses and Pain

If the deceased experienced pain and suffering before death, or if there were medical or funeral expenses, the estate can file a separate claim to recover those losses. The estate claim includes:

• Medical bills related to the fatal injury
• Funeral and burial expenses
• Conscious pain and suffering experienced before death

These damages are paid to the estate and then distributed according to the will or Georgia’s laws of intestacy.

In tragic and complex cases, like the one described in the Toddler Wrongful Death article, both claims may be present. It often requires careful coordination between surviving relatives and the estate administrator.

Exceptions, Disputes, and Complex Cases

While Georgia law outlines a clear order of priority, real-world situations can often create conflict and confusion. When more than one person believes they have the right to file, or when families are fractured in some way, legal disputes become incredibly common.

Conflicts Between Survivors

Divorced parents or estranged children or blended families often all have competing interests that likely rooted in varying emotions. In some cases, two parties may try to file separate wrongful death claims. Because Georgia courts will generally only allow one wrongful death claim per deceased individual, when there’s conflict, the court is likely to consolidate claims or determine, as a matter of law, which claimant has the real priority.

Minor Children

When minor children are involved, they cannot file a lawsuit on their own and, as such, a legal guardian or surviving parent must act on their behalf. This can become complicated if guardianship is in question or if one parent is absent, or cannot be found.

Disqualification or Waiver

Sometimes a person with legal standing chooses not to file or is found unfit to represent the claim. In that case, the next person in the legal hierarchy may be allowed to proceed. This often happens in cases that involve incarceration, estrangement, or some other form of legal incapacity.

Estate Conflicts

If multiple people want control over the estate, probate court may need to step in to appoint an administrator. Until that happens, filing an estate-based claim will often be delayed.

Wrapping Up

When it comes to filing a wrongful death lawsuit in Georgia, the law prioritizes the surviving spouse, then children, then parents, and finally the estate. That order matters, not just for who brings the claim, but for how damages are divided and justice is ultimately pursued.

Legal standing can become a sensitive issue quickly. Especially when families are dealing with shock, grief, or past conflicts that might create warring priorities. Understanding the real legal structure of these situations is the first step toward moving forward toward a resolution that establishes justice for the deceased and support for grieving families.

A final note: When family members believe there is cause for a wrongful death lawsuit, there are also practical concerns. Georgia’s statute of limitations places strict deadlines on when a claim can be filed. If you wait too long, the right to pursue compensation may be lost entirely. Details are outlined in the our Statute of Limitations in Georgia article.