FIling a lawsuit in a deceased persons name.
This is a very broad question and one that would require an attorney in Georgia to review the pleadings (filing) to give you better advice. Very generally speaking, if the person injured is deceased then the lawsuit is filed by a next of kin, executor of an estate, conservator of a minor, etc. please contact an attorney in Georgia to review your scenario.
Not necessarily, but you have to be the proper party and you may or may not need to have that determined by a court. If you did file the lawsuit it would be by the estate of the deceased and/or by the closest heir, which often has to be determined by the probate court. I would strongly recommend consulting a lawyer on this question.
A probate must be opened and you would file on behalf of the state of the deceased. An executor will be appointed to decide on behalf of the estate all necessary decisions.
If it is a wrongful death case, the claim for the full value of the life should be brought by the surviving spouse, if any If there is not a spouse, it would be brought by the next of kin. The claim for funeral expenses, medical expenses and any pain and suffering prior to death should be brought by the executor or administrator of the estate. Contact an attorney for more specific information.
Wrongful deaths are filed on behalf of deceased all the time. Get an attorney involved to ensure everything is proper procedurally.
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