Contact Our Atlanta Wrongful Death Attorney
The experience of the death of a loved one is one of the toughest things a family can face. When the death of a loved one was wrongful, due to the negligence of another person, or a company, the tragedy can be even tougher to face.
Who can bring an action for wrongful death in Georgia?
O.C.G.A. §51-4-2 provides that the surviving spouse of a person may bring an action for the wrongful death of the other spouse. If the decedent had no spouse, the child (or children) of the decedent is the proper person to pursue a claim. If the surviving child is a minor, an adult representative of the child is appointed to pursue the action in the child’s name. The fact that a child may have been born out of wedlock does not eliminate the child’s right to share in any proceeds recovered from settlement or verdict.
If the decedent is survived by a spouse and children, all such people share in the recovery. However, the surviving spouse receives no less than 1/3 of the settlement proceeds.
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