Who Can File a Wrongful Death Claim? A Guide for Families in Georgia and Florida

Losing a loved one because of another person’s negligence or wrongful actions can leave families facing emotional grief and unexpected financial challenges. Understanding who has the legal right to file a wrongful death claim can help families take the appropriate steps toward seeking accountability and financial recovery.

This guide explains who may file a wrongful death claim and what families in Georgia and Florida should know about the process.

Who Has the Legal Right to File?

Both Georgia and Florida have specific laws that determine who may bring a wrongful death claim after someone dies due to negligence.

In Georgia:

Georgia law establishes a general order of priority for who may file a wrongful death claim.

• Surviving Spouse: The surviving spouse typically has the first right to file a wrongful death claim and may represent the interests of any minor children.
• Surviving Children: If there is no surviving spouse, the right to file generally passes to the children of the deceased.
• Parents: If the deceased did not have a spouse or children, the parents may file the claim.
• Estate Representative: If none of these family members are living, the personal representative of the estate may be able to pursue certain claims allowed under Georgia law.

In Florida:

Florida law follows a different structure. A wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. The personal representative brings the claim on behalf of eligible survivors, which may include:

• The surviving spouse

• Children of the deceased

• Parents of the deceased

• Other relatives who depended on the deceased for support or services

The court determines how compensation is distributed among the eligible survivors.