Who Can File a Wrongful Death Suit in Macon, Georgia?

Georgia law defines “wrongful death” as one caused due to reckless or intentional negligent conduct on the part of a person or company. There are both intangible and financial costs that heirs may successfully recover.

Whenever negligence is responsible for someone’s death, their family has the right to file suit for wrongful death and claim damages. As devastating as these situations are, having the chance to recover damages can help alleviate financial woes.

In addition to making wrongful death claims against individuals, our experienced Macon wrongful death lawyers at Westmoreland Law can sue organizations and businesses. Many deaths occur because of the negligence of an employer, causing emotional and financial woes on the part of these left behind.

Although many people feel the impact of wrongful deaths, only a relatively small number of people meet the criteria for who can sue. Understanding who has the right to sue and how to file suit increases the odds of a successful recovery.

Those who are pursuing a claim need to have what is defined as standing to sue. Georgia law only allows select individuals, including certain family members, to sue.

Notably, grandparents may not sue for wrongful death in Georgia.

When a sibling brings suit on behalf of a decedent without parents, children or a spouse, they must initiate the lawsuit through the estate representative. This designated person will ensure that the legal next-of-kin receives the necessary damages. Amounts recovered are for the full value of the decedent’s life.

The full value of a person’s life means both financial and intangible losses, such as:

All expenses that relate to the injury and death are eligible for recovery. These expenses include:

Wrongful death suits filed more than 2 years after the decedent’s death are unlikely to go forward, making time of the essence in these cases.

However, as in many other states, certain circumstances allow for exceptions. These situations include:

murder or manslaughter trial could have a very different outcome from a wrongful death case.

When the deceased did not have a will or did not have one that conformed to state law, the question of who can sue for wrongful death requires resolution. Because a court may take a while to decide who the next of kin is, state law extends the statute of limitations in these cases.

In all wrongful death cases, you are better off hiring experienced lawyers to ensure that everything goes along smoothly. Our attorneys at Westmoreland Law will work hard for you to increase your chances of a successful recovery.