Dealing with the aftermath of a loved one’s death can feel incredibly complicated and difficult to manage. Do you have the right to file a wrongful death claim? What happens when you file a wrongful death lawsuit? For many families, simply figuring out whether they have the right to file a wrongful death claim, and who among the family members may have the right to file a wrongful death claim when a loved one dies, can prove incredibly complicated.
Who can bring a wrongful death claim in Atlanta, Georgia? Working with a wrongful death attorney in Atlanta can make it easier to learn about your rights after losing a loved one in an accident.
Who Can File a Wrongful Death Claim in Georgia? Family Relationships
According to Georgia law, the person or people with the closest familial relationship to the deceased will have the right to bring a wrongful death claim after that individual’s death.
Generally, that means that if the deceased was married at the time of death, the deceased’s spouse has the first right to file a wrongful death claim. If the deceased was not married at the time of death, but had children, the children of the deceased may all have an equal right to file a wrongful death claim. In the case of a deceased with neither spouse nor children, the deceased’s family may have the right to file a claim.
In some cases, the deceased may not have immediate family members who will have the right to file a claim after their death. In that case, the deceased’s estate may have the right to file a claim to help recover some of the deceased’s final expenses. Working with an Atlanta wrongful death lawyer can help you learn more about whether you have the right to file a claim, either as a direct family member of the deceased or as a representative of their estate.
What Happens if More Than One Party Has the Same Right to File a Wrongful Death Claim in Atlanta?
Sometimes, more than one party may have the same right to file a wrongful death claim. Suppose, for example, that the deceased was not married at the time of death, but had multiple children: each child would have the same right to file a wrongful death claim and pursue compensation for the deceased’s injuries and losses. Likewise, if the deceased had neither spouse nor children, and the deceased’s parents are divorced, each parent might have the same right to file a claim.
Georgia law does not govern how families should handle a wrongful death claim when multiple parties have the same right to compensation for the loss of a loved one. In general, you will need to work together to come up with a fair distribution of funds and decide how you want to handle the claim. Each family will have the right to file only one claim for the loss of a loved one, even when multiple parties may have the same right to compensation. Sometimes, one party may have the right to make decisions about the entire lawsuit, even when the rest of the family does not necessarily agree with those decisions.
If you have questions about the management of a wrongful death claim after the loss of a loved one, especially if you find your family members fighting about the distribution of funds, talk to an Atlanta wrongful death lawyer to learn more about your family’s rights and your options. A wrongful death lawyer can serve as a vital third-party perspective that does not have a personal interest in the proceedings and can, therefore, provide an unbiased look at your options and how to handle your claim effectively.
When Does a Loved One’s Death Offer Grounds for a Wrongful Death Claim?
In order to show that you have grounds to file a wrongful death claim in Atlanta, you will need to establish several key details about your loved one’s death. An Atlanta wrongful death lawyer can help clearly establish your right to file a wrongful death claim.
Someone who bore a duty of care to your loved one, defined as a general responsibility to help reduce the risk of a severe accident, committed an act of negligence.
Your loved one suffered injuries due to that negligence.
Your loved one died because of those injuries.
Accidents that provide you with grounds for a wrongful death claim can occur in a variety of ways. For example, you might have grounds for a wrongful death claim if your loved one died in an auto accident, a construction accident, or a premises liability accident.
What Happens if Your Loved One Did Not Die Immediately?
Your loved one need not die immediately, at the time of the accident, for you to have grounds to file a wrongful death claim. You may have the right to file a wrongful death claim after an accident any time your loved one died as a result of the injuries sustained in that accident, even if your loved one died on the way to the hospital, while in the hospital, or because your loved one later succumbed to those injuries. In some cases, you may also have the right to pursue compensation for any medical expenses your loved one sustained prior to death, which can help cut down on the costs your family may face after your loved one’s loss. Talk to an Atlanta wrongful death attorney to discuss the conditions that led to your loved one’s death and the steps you may need to take to establish that your loved one died as a result of those injuries.
Contact an Atlanta Wrongful Death Attorney Today
If you lost a loved one in Atlanta due to someone else’s negligence, working with an Atlanta wrongful death lawyer can provide you with more information about your rights and your next steps, including the compensation your family may have the right to recover for the loss of a loved one. Contact an Atlanta wrongful death lawyer as soon as possible to learn more about your rights.
