Can You File a Wrongful Death Suit If the Victim Didn’t Have a Will?

Losing a loved one because of someone else’s negligence is an unimaginable tragedy. If you are dealing with this kind of loss, you may be wondering if you have legal options to pursue justice. One question that often arises is whether you can file a wrongful death lawsuit in Georgia if the victim did not have a will. The short answer is yes, but the process can be complicated. Knowing how Georgia law handles wrongful death claims and estate matters can help you determine your next steps.

Who Can File?

In Georgia, wrongful death lawsuits are governed by specific statutes that outline who has the legal right to bring a claim. The right to file a wrongful death lawsuit does not depend on whether the deceased person had a will. Instead, Georgia law prioritizes certain family members when determining who can take legal action.

The first priority goes to the deceased person’s surviving spouse. If the deceased had children, the spouse represents their interests as well, although the spouse is entitled to no less than one-third of any financial recovery. If there is no surviving spouse, the right to file shifts to the deceased person’s children. However, if none exist, the deceased person’s parents can file the claim. If no surviving spouse, children, or parents exist, the administrator of the deceased person’s estate may file the lawsuit on behalf of the next of kin.

Whether or not the deceased had a will does not affect the wrongful death lawsuit itself. However, a lack of a will can influence how any financial recovery is distributed among surviving family members and heirs.

What Damages Can Be Recovered?

Georgia law allows families to recover damages in a wrongful death claim based on the “full value of the life” of the deceased. This includes both economic and non-economic damages.

Economic damages cover things like lost wages the deceased would have earned if living. It also includes medical expenses related to the injury that caused their death, as well as funeral and burial costs.
Non-economic damages account for the intangible losses, such as the deceased person’s pain and suffering before death and the loss of companionship, care, and guidance they provided to their family.
In rare cases, punitive damages may be awarded. However, these damages are not automatically included and must be proven in court.

How Does the Absence of a Will Affect a Wrongful Death Lawsuit?

A wrongful death lawsuit is separate from the probate process. If the deceased person had a will, their assets would be distributed according to their wishes. However, if they did not have a will, Georgia’s intestacy laws dictate how their estate is divided among surviving heirs.

While a will does not impact the ability to file a wrongful death lawsuit, it can influence the distribution of any compensation awarded. If the deceased had no will, any financial recovery from the wrongful death claim would typically go to the closest surviving relatives based on Georgia’s intestacy laws. This means the court may distribute compensation among the spouse, children, or other legal heirs, depending on the family structure.

If the deceased person’s estate receives damages through a survival action (a separate claim for damages suffered before death), those funds may go through the probate process. Without a will, the probate court follows intestacy laws to divide the assets among heirs.

What Is the Deadline for Filing a Wrongful Death Lawsuit in Georgia?

Georgia law sets strict deadlines for filing wrongful death lawsuits. Generally, the statute of limitations for a claim is 2 years from the date of death. If the lawsuit is not filed within this timeframe, you may lose your right to seek compensation.

There are some circumstances that may pause or extend this deadline. If the deceased person’s estate is not probated immediately, the statute of limitations may be paused for up to five years. Additionally, if the wrongful death was caused by a crime, the statute of limitations may be paused until the criminal case is resolved, up to a maximum of six years.

Knowing these deadlines is crucial because missing them can prevent you from pursuing justice for your loved one.

How Do You Prove Wrongful Death in Georgia?

Duty of Care – You must show that the defendant had a legal duty to act in a way that would prevent harm. For example, a driver has a duty to follow traffic laws and drive safely.
Breach of Duty – You must prove that the defendant failed to uphold their duty of care. This could be through reckless driving, medical malpractice, a defective product, or other negligent actions.
Causation – You must show a direct link between the defendant’s actions and your loved one’s death. This requires evidence that the negligence or misconduct directly contributed to the fatal incident.
Damages – Finally, you must show that the death resulted in measurable damages, such as financial losses, emotional suffering, and loss of companionship.

Atlanta Wrongful Death Lawyer

If you have lost a loved one because of someone else’s negligence in Georgia, you have the right to seek justice. A wrongful death claim can help provide financial support and accountability for the loss you have suffered. Knowing your legal rights is crucial, especially when dealing with Georgia law.

To discuss your case and explore your legal options, contact Butler Kahn by calling (678) 940-1444 or contacting us online for a consultation. Our experienced Atlanta wrongful death attorneys are here to help you get through this difficult time and fight for the compensation you deserve.