Georgia law prohibits more than one wrongful death claim being brought for any particular death. However, there are several different parties that could be eligible to file a wrongful death claim.
- Spouse: The surviving spouse of any person who dies has the primary right to file a wrongful death claim. He or she will represent the interests of any children and share the recovery with them.
- Children: In situations where there is no surviving spouse, the decedent’s children may be able to file a claim.
- Parents: When no children or spouse are present, the deceased’s parents may be able to file a claim.
Estate Representatives: When none of the heirs apply, the administrator of the deceased’s estate may be able to file a claim on behalf of any potential beneficiaries of the estate.
Once a wrongful death claim has been filed in Georgia, it covers all of the claims that are tied to the death. This ensures that separate lawsuits for the same incident are not pursued.
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