Losing loved ones is a painful and life-changing event. It can be even more devastating when a loved one dies unexpectedly due to the negligence or recklessness of another individual, company, or entity. In such cases, a wrongful death claim can be filed by the surviving family members or the decedent’s estate. If you are in Atlanta, Georgia, and have lost a loved one to wrongful death, it is important to know who can file a wrongful death claim in Atlanta, GA. In this article, we will discuss who is eligible to file a wrongful death claim in Atlanta, GA.

In Atlanta, GA, when a person dies as a result of another’s negligence, family members or the decedent’s estate may file a wrongful death claim. According to Georgia law, the following parties are eligible to initiate wrongful death lawsuits:

  • Spouses – A surviving spouse can file a wrongful death claim for their deceased spouse.
  • Children – Surviving children, including adopted or biological, may bring a wrongful death lawsuit for negligent deaths of parents.
  • Parents – Parents may bring a wrongful death lawsuit if their child has passed away due to the negligence of another.
  • The Estate – If the deceased person has no surviving spouse, children, or parents, the estate representative appointed under the decedent’s will or by the probate court can file the lawsuit.
  • Others – If the deceased party has neither a spouse, children, parents, nor any appointed representative of the estate, any person who can claim the deceased person as an heir, such as siblings or cousins, can file the wrongful death lawsuit.

Wrongful Death Statute of Limitations

It is important to note that the eligible parties for filing a wrongful death claim are restricted by Georgia’s statute of limitations, which limits the time allowed in filing the claim. In Georgia, the statute of limitations for initiating a wrongful death lawsuit is two years from the date of the deceased person’s death. It is important to consult an experienced wrongful death attorney in Atlanta, GA, to ensure the eligibility of the claim, determine the liable parties, and file the lawsuit within the statutory time limits.

Reasons for a Wrongful Death Claim

When filing a wrongful death claim, the person or people filing the claim must show that their loved one’s death was caused by the wrongful acts, negligence, or omissions of another party. They must also prove that they have suffered damages as a result of the death, such as financial losses, medical expenses, funeral expenses, and loss of companionship.

Here are some of the most common reasons for a wrongful death claim:

  • Medical Malpractice – Medical malpractice is one of the most common reasons for a wrongful death claim. The death of your loved one due to a medical professional’s negligence is considered medical malpractice. Medical malpractice is caused when the medical professional breaches their duty of care, causing the patient’s death. The breach and causation must be proven by the plaintiff.
  • Car Accidents – Car accidents are another common reason for wrongful death claims. Car accidents that lead to death occur due to reckless or careless driving, driving under the influence, or even poorly maintained roads. The at-fault person or organization must still be proven responsible for the accident in court.
  • Premises Liability – Premises liability refers to accidents and deaths that occur on the property of someone else. Property owners have a legal obligation to ensure that their property is safe and free from hazardous conditions. If the death was caused by a property owner’s failure to maintain their property, the victim’s family can file a wrongful death claim.
  • Product Liability – A manufacturer or seller can be held responsible for wrongful death if a product they make or sell causes the death of someone. The manufacturer or seller is responsible for ensuring that their product does not cause injury or death when used correctly.


The unexpected loss of a loved one can be difficult not only emotionally but financially as well. If you have lost a loved one due to wrongful death, it is important to know who is eligible to file a wrongful death claim in Atlanta, GA. Spouses, children, parents, estate representatives, and other heirs of the deceased person may file a claim. In case you missed the 2-year statute of limitations, you may endanger your rights to pursue a claim. Thus it’s in your best interest to consult with an experienced wrongful death attorney for legal counsel for resources, support, and guidance in navigating such a difficult time and ensuring your loved one receives the justice they deserve.

Atlanta Wrongful Death Attorney

If you or someone you know has experienced a wrongful death, it is essential to speak with a wrongful death attorney in Atlanta, GA. A wrongful death attorney can help you determine if you have a case, gather evidence, and represent you in court. At the W. Winston Briggs Law Firm, we are committed to helping our clients win their wrongful death claims with empathy, compassion, and professionalism. Contact us today by calling (404) 522-1500.