Who Can File a Wrongful Death Lawsuit in Georgia? – Your Legal Standing

When someone’s life is cut short by negligence or misconduct, Georgia law allows certain family members to file a wrongful death lawsuit. But not everyone is eligible—and understanding who can bring a claim is the first step in seeking justice. At Ugwonali Law Group, we help grieving families across Atlanta and throughout Georgia navigate this deeply personal process with clarity and care.

Georgia’s Wrongful Death Act: Who Has Legal Standing?

Under Georgia’s wrongful death statute, the right to file a claim follows a strict legal order:


  • Spouse – The surviving spouse has the first right to file and must represent any minor children.
  • Children – If there is no spouse, the deceased’s children may file.
  • Parents – If no spouse or children survive, the deceased’s parents can file.
  • Estate – If none of the above apply, the personal representative of the estate brings the claim, and compensation is distributed to next of kin.

This hierarchy can be complex, especially in blended families or when relatives are estranged. That’s why speaking with an attorney early in the process is essential.

The Role of the Surviving Spouse in a Georgia Wrongful Death Claim

When a person dies leaving behind a spouse, that spouse is the one who initiates the claim. If the couple has minor children, the spouse must file on their behalf as well. Georgia law requires that the spouse receive no less than one-third of the total recovery—even if there are multiple children involved. This ensures financial stability for the surviving partner while still honoring the rights of the children.

If No Spouse – Children’s Rights Come First

When no spouse survives, adult or minor children may bring a wrongful death claim. If a child is a minor, a guardian or legal representative will be appointed to file and manage the claim on their behalf. All children typically share the recovery equally.

When Parents or the Estate Must File

If the deceased was unmarried and had no children, the surviving parents are next in line. Georgia law recognizes both parents equally—even if divorced or separated—which can complicate matters if they disagree. If there are no surviving parents, the estate’s personal representative files the claim, and compensation goes to the heirs as defined under Georgia’s inheritance laws.

Real-Life Scenarios That Illustrate Filing Rights

  • Example 1: A married father of two dies in a fatal car accident near Hartsfield-Jackson. His wife files the wrongful death lawsuit, with the settlement split between her and the children.
  • Example 2: A single man with no kids dies in a work accident. His parents file the lawsuit and receive the compensation.
  • Example 3: A young adult with no spouse, children, or parents dies due to nursing home neglect. The estate brings the claim, and compensation is distributed to siblings or other legal heirs.

These examples reflect just how varied family dynamics can be—and why legal guidance is often critical.

What Happens If Multiple Family Members Want to File?

Georgia law intends for one wrongful death lawsuit to be filed on behalf of all beneficiaries. Ideally, families cooperate and file together. But disputes can arise—especially in cases involving divorced parents, estranged relatives, or blended family structures. If necessary, courts can intervene to determine who is the appropriate party to represent the family’s interests.

We Help Families Understand and Assert Their Rights

At Ugwonali Law Group, we don’t just file paperwork—we help your entire family understand their legal standing and work to ensure every rightful beneficiary is treated fairly. Whether you're the spouse, adult child, or estate representative, we’ll help you move forward with dignity, clarity, and strength.

Not Sure If You Have the Right to File a Claim? Let’s Talk.

If you’ve lost a loved one and are unsure whether you have the right to pursue a claim, we’re here to help. Contact our Georgia wrongful death attorney for a free, confidential consultation. We’ll walk you through the process, explain your legal standing, and help you determine the next steps toward justice.