Wrongful Death Lawyer Georgia
Losing a loved one due to someone else’s negligence is a devastating experience. At Lampariello Law, we provide compassionate legal support for families seeking justice through a wrongful death claim. As an experienced wrongful death lawyer in Georgia, Attorney Lampariello is committed to helping you hold the responsible parties accountable and secure financial compensation for your loss. We handle every aspect of your case with care and professionalism. Call 404-609-0597 today for a free consultation and learn how we can support you through this difficult time.
Understanding Who Is Eligible to File a Wrongful Death Claim in Georgia
Losing a loved one due to someone else’s negligence or misconduct is heartbreaking. Beyond the emotional toll, families often face financial struggles and legal questions. One way Georgia law helps surviving family members is through wrongful death claims. These claims provide a way to seek compensation for losses connected to the death.
If you’ve recently lost a family member and believe their death resulted from another party’s wrongful actions, you might wonder who has the legal right to file a claim. Georgia law has specific rules about who can pursue wrongful death lawsuits. Knowing these rules is important if you want to protect your family’s interests.
What Is a Wrongful Death Claim?
A wrongful death claim is a lawsuit brought by survivors when someone dies due to another person’s negligence, recklessness, or intentional act. Common examples include car accidents, medical malpractice, workplace injuries, or defective products.
The purpose of a wrongful death claim is to hold the responsible party accountable and to seek damages for the survivors’ losses. These damages can cover things like medical expenses before death, funeral costs, lost income and support, and emotional pain.
Georgia law defines who can bring these claims and sets guidelines on how they proceed.
Who Can File a Claim
Georgia law restricts who has the legal right, or “standing,” to file a wrongful death lawsuit. This standing is reserved for specific people closely related to the deceased or designated by the court. The key groups eligible to file are:
The Personal Representative of the Estate
The primary party who files a wrongful death claim is the personal representative (also called the executor) of the deceased person’s estate. This person is appointed through the probate process and acts on behalf of all heirs.
The personal representative files the claim in the name of the deceased’s estate. Any money recovered becomes part of the estate and is distributed to heirs according to the will or Georgia’s laws of intestate succession if there is no will.
If no personal representative has been appointed, interested parties can petition the court to appoint one.
Surviving Spouse
If the deceased was married, the surviving spouse has the right to file a wrongful death claim. The spouse’s claim covers the loss of the deceased’s care, companionship, and support.
In many cases, the spouse works with the personal representative, but sometimes the spouse may file independently if no representative is in place.
Children of the Deceased
Biological and legally adopted children of the deceased may also be eligible to file or join wrongful death claims. Like the spouse, children seek compensation for their loss of parental support and guidance.
Parents of the Deceased
If the deceased person was unmarried and had no children, parents may have standing to file wrongful death claims. This is less common but possible, especially if parents were financially dependent on or emotionally close to the deceased.
Other Heirs at Law
Georgia law also allows other heirs—such as siblings or more distant relatives—to bring wrongful death claims if there is no surviving spouse, children, or parents. These cases often require a court appointment of a personal representative.
Who Cannot File a Wrongful Death Claim?
- Individuals who do not have a close legal relationship to the deceased cannot file wrongful death claims.
- Friends, distant relatives, or unrelated parties generally do not have standing.
- Also, if a person caused the death through intentional wrongdoing, they cannot recover damages through a wrongful death claim.
Filing Deadlines for Wrongful Death Claims in Georgia
Timing is critical. Georgia law requires wrongful death claims to be filed within two years from the date of death. This is called the statute of limitations. Missing this deadline usually means losing the right to pursue compensation.
Because probate and other legal processes can be complicated, consulting a wrongful death attorney soon after a loss can help protect your rights.
How Damages Are Distributed in a Wrongful Death Case
Any compensation recovered in a wrongful death claim is typically paid to the personal representative, who then distributes it to eligible heirs.
Damages can include:
- Funeral and burial expenses
- Medical costs related to the injury before death
- Lost income and financial support the deceased would have provided
- Loss of companionship and emotional support
- Punitive damages in rare cases involving gross negligence or intentional harm
The specific amounts vary depending on the circumstances of the death and the relationship of survivors.
The Importance of Legal Guidance
Wrongful death cases are emotionally and legally complex. Families face grief while trying to understand legal rules and deadlines.
A skilled Georgia personal injury lawyer can:
- Explain who has the right to file based on your family situation
- Help appoint a personal representative if needed
- Gather evidence to prove liability
- Calculate damages fairly
- Handle negotiations with insurance companies or defense attorneys
- Represent you in court if necessary
Legal assistance ensures the claim is filed correctly and helps maximize your recovery during a difficult time.
Find Justice with a Compassionate Wrongful Death Attorney
Losing a loved one due to negligence is an unimaginable pain, and at Lampariello Law, we are here to support you with empathy and strength. Our wrongful death attorney works with grieving families across Georgia to hold responsible parties accountable and secure financial relief. While no amount of compensation can replace your loss, we strive to bring justice and closure to your family. Let us handle the legal process so you can focus on healing. Call Lampariello Law at 404-609-0597 for a free consultation with a wrongful death attorney who truly cares.
