Georgia Wrongful Death Actions:Who Has The Right To Sue? (Part IV)

In a wrongful death case where the deceased individual is survived neither by a spouse, child or parent, under Georgia law such a cause of action would vest in the Executor or Administrator of the Estate. In short, there will always be someone able to proceed on behalf of the “heirs-at-law” and such an individual, once duly appointed, will proceed in a fiduciary capacity to protect the rights of the heirs-at-law relative to the wrongful death action. Thus, if an individual dies and is neither married, has children or is survived by parents, but does have siblings as an example, then the siblings could sue for the wrongful death of their sibling subject to a pro-rated distribution of the proceeds in the event of a recovery. If an only child is involved, a representative of the estate could be appointed to proceed on behalf of other relatives. In short, if the death is wrongful, Georgia law recognizes that someone must be allowed to pursue the claim even if it means seeking representation on behalf of the decedent’s estate.