Typically, no, siblings cannot sue for wrongful death in Georgia. State law delineates who can pursue a wrongful death lawsuit, and this list does not include siblings. However, because each case is unique, a wrongful death lawyer can advise you on the particulars of your situation.
Furthermore, the personal representative of the decedent’s estate may file a lawsuit under certain conditions. If siblings stand to receive monetary compensation through the estate, they may benefit from any lawsuit the personal representative files.
Who Can Sue for Wrongful Death in Georgia?
Because wrongful death cases involve decedents (those who have died), specific parties other than the decedent must file a lawsuit on their behalf. Surviving loved ones can take legal action to get justice for the deceased person, but also because they have their own damages. One’s eligibility to file a wrongful death action varies on a case-by-case basis.
Three wrongful death laws govern who qualifies to pursue a wrongful death lawsuit in Georgia:
- O.C.G.A. § 51-4-2, which allows the surviving spouse or children of the decedent to file a lawsuit.
- O.C.G.A. § 19-7-1(c), which allows surviving parents of a child or minor to file a lawsuit.
- If no eligible parties remain, O.C.G.A. § 51-4-5 allows the decedent’s estate administrator or executor to claim wrongful death.
These statutes establish a pecking order of who can pursue wrongful death compensation from responsible parties. The spouse and children are first in this order and are, therefore, the most common parties to pursue a wrongful death action in Georgia.
What Is an Executor of an Estate?
Executors of the estate are responsible for managing a decedent’s finances after their death. This role involves carrying out the decedent’s wishes as outlined in their will. The executor also fulfills credit obligations, resolves disputes among heirs, and sometimes pursues wrongful death lawsuits.
The decedent typically names an executor in their will. If not, a probate court judge can appoint an executor—typically a close relative. This means that a surviving sibling could be appointed as executor and thus oversee a wrongful death lawsuit.
However, executors have a fiduciary responsibility to the estate. They cannot take money from the estate nor refuse to pay reasonable credit obligations. The role of executor is often time-consuming and can involve:
- Securing the decedent’s home
- Filing a will
- Managing will disputes as they arise
- Returning Social Security payments received after the decedent’s passing
- Paying off the estate’s liabilities (e.g., credit payments and other debts)
If you are the executor of a deceased person’s estate, you can hire a personal injury lawyer from our firm to assist with your duties, which may be substantial.
What If I Don’t Want to Be an Executor?
You’re under no obligation to hold the position if appointed as executor. You can step down as executor if you’d like. In addition, executors often seek professional assistance when splitting up an estate.
Hiring a personal injury lawyer to oversee executorship may make even more sense if you’re considering a wrongful death action. Our team may pursue compensation for financial losses, non-economic damages, punitive damages, and any other losses resulting from the deceased person’s tragic passing.
For a free legal consultation, call (404) 888-8888
Wrongful Death FAQs
What Are the Legal Requirements for a Wrongful Death Claim in Atlanta?Do I Need a Wrongful Death Lawyer?What Requirements Must Be Met for a Wrongful Death Claim in Smyrna?What Are the Legal Requirements for a Wrongful Death Claim in Decatur?How Hard Is It to Prove Wrongful Death?How Does a Wrongful Death Claim Work?What Damages Are Available in a Wrongful Death Case?
You may recover economic and non-economic compensation through a wrongful death action. These damages include:
- Medical expenses your loved one incurred before they died
- Loss of income the decedent would have earned
- Funeral expenses
- Burial costs
- Loss of the decedent’s earning power, including future income
- Loss of the decedent’s household services
- Loss of companionship
- Loss of consortium
- Pain and suffering associated with losing a loved one
O.C.G.A. § 51-4-1 states that families can recover the “full value of the life of the decedent, as shown by the evidence.” However, equating such legal definitions with the trauma families experience after a wrongful death is difficult. No amount of money can account for losing a special person. However, a settlement can accomplish two things:
- Provide financial stability for surviving loved ones.
- Allow you to move forward by getting justice for your loved one’s death.
The goal is not to bring the deceased person back but instead to soften the financial cost of losing your loved one, ensure you can pay for all treatment and services you require, and hold negligent parties accountable for their actions.
Establishing Liability for a Wrongful Death in Georgia
Wrongful death cases are emotionally charged. To succeed in a wrongful death lawsuit or secure an insurance settlement, you’ll need to work through these emotions and review the evidence associated with your case. Many surviving loved ones hire a personal injury attorney to lead their wrongful death claim, knowing that the process could be stressful and even traumatic without a lawyer’s help.
Every wrongful death case hinges on the strength of evidence. Without clear proof, you cannot establish the four elements of negligence necessary to recover damages:
- The at-fault party owed your loved one a duty of care: A duty of care is a legal responsibility to keep others safe from harm. Doctors, drivers, and product manufacturers, among others, owe those around them (or in their care) a duty of care.
- The at-fault party failed to uphold this duty of care: For example, a drunk driver who crashed into your loved one and killed them didn’t adhere to their duty of care. The same is true of a doctor who commits medical malpractice by failing to diagnose a fatal condition.
- Causation: The evidence must establish that this breach of the duty of care resulted in wrongful death.
- Damages: You must have sustained injury (whether financial, emotional, or physical) due to the at-fault party’s negligence.
Surviving loved ones and the deceased victim of negligence often suffer harm. Our firm will tie a defendant’s negligent actions to all the damages resulting from the wrongful death.
How Our Georgia Personal Injury Team Can Help You Sue for Wrongful Death
You don’t have to establish these elements of liability on your own. Our wrongful death attorney can assist you with your case by:
- Providing peace of mind by managing the complex aspects of your case
- Investigating your case and gathering evidence
- Communicating with insurers, opposing legal teams, and the at-fault party
- Advising you on the best options for seeking a financial recovery
- Fighting for a fair wrongful death settlement
- Taking your case to court, if necessary
We must typically file wrongful death lawsuits within two years of the initial accident, per O.C.G.A. § 9-3-33. While two years may seem like a long deadline, you should start your case as soon as possible because gathering evidence and building a solid case takes time.
Leading Reasons Why Survivors Hire Wrongful Death Attorneys in Georgia
Estate representatives, spouses, children, and other surviving loved ones hire attorneys because:
- They want to hold the responsible parties accountable for their negligent behavior.
- They suffer immense grief and want to focus on the recovery process.
- They trust a personal injury lawyer to understand and navigate the legal process.
- They take advantage of law firms’ financial support and resources.
Quantifying a loved one’s death is not easy. An attorney will have an unbiased view of your damages and not be affected by the intense emotions surviving loved ones often experience. Our firm will create a detailed record of your damages and fight for the financial recovery you deserve.
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Call Today for a Free Consultation – We Can Advise Siblings on Whether They Can Sue for Wrongful Death
Bader Scott Injury Lawyers’ team proudly represents those who have lost a loved one due to someone else’s negligence. We know what you’re going through and want to help you fight for justice. In addition, we can advise whether, as a sibling, you qualify to file a wrongful death lawsuit in Georgia.
Call Bader Scott Injury Lawyers today for a free initial consultation about hiring a wrongful death lawyer in Georgia.
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