When the death of a person is caused by another person under circumstances that would have allowed an action for personal injury, North Carolina and Georgia permit a claim for wrongful death. In North Carolina, an action for wrongful death must be brought by the Executor, Administrator or Collector of the deceased person’s estate. However, even though the claim must be brought by the Personal Representative or Collector, the persons that will actually receive the damages are those persons who would inherit from the deceased person in the absence of a will.
In Georgia, a claim for wrongful death must be brought by the surviving spouse or, if there is no surviving spouse, by a child over the age of 18. When there is no spouse or surviving child entitled to bring an action for wrongful death, the Administrator or Executor of the decedent’s estate may bring an action for and may recover and hold the amount recovered for the benefit of the next of kin. If the decedent is a child and leaves no spouse or children entitled to bring a wrongful death action, the parent or parents of the deceased child may bring the suit.