Georgia’s laws clearly define eligibility criteria for a wrongful death claim. The laws also define the statute of limitations for filing a claim and allow for several different types of damages to be recovered.
Under Georgia law, the spouse of the deceased has the first claim to damages. If the spouse isn’t available, the children may file a wrongful death claim. If there are no children available to file a claim either, surviving parents of the deceased may bring a claim. If none of these parties are available to file a claim, the personal representative of the deceased’s estate can file a wrongful death claim to recover damages.
Under Georgia’s wrongful death laws, the survivors of the deceased / personal representative of the deceased’s estate can file to recover the following types of damages.