Can Parents Be Compensated if Their Adult Child Passes Away in a Georgia Car Accident? 

In situations where there is no spouse or child to bring a wrongful death claim, the victim’s parents are entitled to recover compensation. If the parents are still married and living together, they share the compensation equally. O.C.G.A. 19-7-1(c)(2).  If only one parent is still living, that parent receives all the compensation. 

When parents are divorced or separated, both may file a claim, and if there is a dispute regarding whether the proceeds should be divided equally, or if no alternative distribution is agreed upon, a court may apportion the compensation “fairly” between the parents. When deciding how to apportion compensation, the court considers each parent’s relationship with the child. A parent can be disqualified from receiving compensation, or their share may be reduced, if they abandoned the child, failed to support them, gave up their parental rights, or were estranged from them.  

Note that a stepparent or other caregiver has no wrongful death claim unless they adopted the child. A court-appointed guardian can file a claim if the child is a minor and there is no surviving parent, but they may not recover for an adult child unless they are a beneficiary to the victim’s estate.