When the death of a family member is due to the negligence, recklessness or intentional actions, or inactions, of another, the surviving family has the right to file a civil claim to recover damages. However, the question as to who can file a wrongful death claim depends on the state laws.

Georgia legal statutes provide rights to certain entities in this regard. The surviving spouse of the decedent has the first preference in this situation. However, if there are surviving children of the decedent, the surviving spouse needs to provide an equal share of the recovered amount to them.

In the absence of a surviving spouse, the surviving children have the right to file a claim. Again, in the absence of both surviving spouse and children, the surviving parents of the decedent may file a claim with the help of an Atlanta wrongful death attorney to recover damages from the liable entity.

In case of absence of all these relations, the administrator of the decedent’s estate may file this. It is better to get in touch with an attorney to know whether you have a claim if you are in such a situation. It would not be able to fill the void created by the death, but it would help you regain the financial stability that the death brought about.