When a person passes away in an accident that is caused by someone else’s negligence in the state of Georgia, certain family members can file a claim for wrongful death damages. First and foremost, if the decedent was married at the time they passed away, then the surviving spouse must bring the claim.
If there are surviving children, then the spouse must act as their representative under the law. In addition, the surviving spouse cannot receive anything less than one-third of the full monetary compensation recovered as part of the wrongful death claim or lawsuit, regardless of the total number of surviving children.
Finally, if the decedent was no longer married at the time they passed away, any surviving children of the decedent hold the wrongful death claim jointly.
