Atlanta, GA asked in Personal Injury for Georgia

Q: Do parents have right to bring tort action where adult child had tort injuries but did not resolve lawsuit? Injur

There is no spouse or children. Only parents are living. Can parents file / settle personal injury claim of their deceased adult child ? Injuries are unrelated to death.

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1 Lawyer Answer
Michael W. Horst
Michael W. Horst
  • Alpharetta, GA
  • Licensed in Georgia

A: If the adult child's injuries are unrelated to the adult child's death, Georgia's Wrongful Death Act would not apply. If that statute does not apply, then the only means by which the parent could pursue the deceased adult child's personal injury claim would be to file an action in probate court and be named the personal representative of the deceased adult child's estate. Once the probate court establishes the parent as the personal representative of the deceased adult child's estate, then the parent/personal representative can resolve the personal injury claim.

Kimberly Grant agrees with this answer

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