Who has the power to bring a lawsuit on behalf of deceased family member?


When a loved one passes away, they type of lawsuit that may be brought, and the family members that may bring the suit, will depend on the circumstances surrounding the passing.

When a person dies due to reasons other than the injury for which a claim can be made, then the personal injury claim will be brought by the estate of the deceased.  If the deceased left a will, then an executor, who is identified in the will, acts on behalf of the estate. If the deceased did not have a will, then the estate will be represented by an administrator generally appointed by the probate court. Either the executor or the administrator will act on behalf of the deceased.

When a person dies due to injuries caused by the negligent, intentional, or otherwise wrongful conduct of another person, then the personal injury claim becomes a ‘wrongful death’ claim.

Georgia wrongful death claims may be two claims brought by different family members or persons.

First, a specified survivor of the deceased, in an order established by statute, but normally a spouse or a child, make a claim for the full value of the deceased person’s life. Claims for full value include the wages or earnings that the deceased would have made throughout life. Obviously, these amounts can vary greatly depending on the age or profession of the deceased.

Second, the administrator or the executor, acting on behalf of the estate of the deceased, may bring a claim for damages based on any accrued medical bills and funeral expenses. Also, the estate may also make a claim for damages based on any pain and suffering experienced by the deceased prior to death.

There are many factors and items of damages to consider when deciding to file a wrongful death claim. If your loved one has been gravely injured or killed in a car accident, or in a nursing home, and you are wondering what types of claims you may bring against the responsible party, then please do not hesitate, call and speak to one of our experienced Atlanta personal injury lawyers today.