Can a wrongful death suit be brought by a deceased adult's parent in addition to the deceased's children?
Question Details:
My daughter was killed by a drunk driver.We plan on suing on behalf of her children. Can I also sue on my behalf as her mother. She was my only child.
Wrongful Death - Accidental Death Law Answers
No. Only your daughter's children can recover, in a wrongful death action in Georgia.
Wrongful death actions did not exist in the law, in most states, until the 20th century, and the right of survivors to bring these lawsuits depends on state statutes. Under the common law, based on judges' decisions (which was where most law came from, again until the 20th century), a dead person could not sue, and while a person's estate could sue for things like debts owed to the deceased, there was no remedy for situations like this. Statutes that change the common law are usually limited to what is clearly stated.
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