In Ga do all siblings have to join in a wrongful death action for their mother who died without a spouse?
2 attorney answers
No, it is not required that all siblings join in the lawsuit. The siblings "not added" can join in the lawsuit if they wish. Even if they do not, they will still share in any settlement or verdict pursuant to Georgia law.
Feel free to contact me if you have additional questions.
Steven I. Goldman
GOLDMAN & ASSOCIATES
The Equitable Building - Suite 2020
100 Peachtree Street, N.W.
Atlanta, GA 30303
(404) 577-9556 (fax)
No, typically one sibling might take up the right of recovery. Any proceeds would then be distrubuted according to a formula set by Georgia Law. For example, I currently have a case in the Georgia Court of Appeals involving a wrongful death recovery for a significant auto crash. In that case, the minor child is seeking to pursue the right of recovery through a guardian. In the event, there are any other siblings who later appear, the present minor child would still pursue the right of recovery but may be required to divide the proceeds with any other siblings should they later appear.
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