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Dallas, GA Wrongful Death Lawyer | Who Can Pursue a Wrongful Death Claim?

water-lilies-163074_640Pursuing a wrongful death claim on your own can be very difficult.  While I do recommend hiring a Dallas, GA wrongful death lawyer for your wrongful death claim, I do try to share information and tips on how the process works and what you can expect when you’re pursuing these kinds of claims.  Last month, I posted an article on the different damages available in a wrongful death claim, and how a wrongful death lawyer can help you with your case.  But it can even be confusing to figure out how to begin your case.  For example, depending on the circumstances, the person(s) eligible to pursue the wrongful death claim can change.

First off, if there is a surviving spouse, he or she is the ONLY person who can pursue a wrongful death claim.  Of course, if there are also surviving children, the surviving spouse must share up to 2/3 of the damages.  In the event that the victim was not survived by a spouse, the damages is shared jointly by the surviving children.

But if there is no surviving spouse or children, the surviving parents is eligible to pursue a wrongful death claim.  The damages is shared jointly by the surviving parents regardless of whether or not they are still married UNLESS there is evidence of a severed relationship between the victim and a parent (e.g., failure to pay child support).  

If there is no surviving spouse, children, or parent, the administrator of the victim’s estate may pursue a wrongful death claim.  Damages may be held by the estate in a trust, and is made available to next of kin.

If you have lost a loved one due to the negligence of another party, please contact our Dallas, GA wrongful death lawyers.  You can schedule a free consultation by calling 770-837-3207.  Losing a loved one is a very difficult time, but our Dallas, GA wrongful death lawyers can help you through the legal process.  If you are in need of immediate information, please browse through our Dallas, GA personal injury law blog where I post articles on wrongful death and other personal injury law topics.