Who gets the money in a wrongful death lawsuit

In Georgia, a wrongful death lawsuit award must be divided among the decedent’s surviving spouse and children. The spouse must receive at least one-third, while the children get equal amounts from the rest. If the decedent has no spouse or children, their parents or guardians receive the award. In some cases, the victim’s estate may bring a wrongful death claim.

What Is a Wrongful Death Claim?

A wrongful death claim is a legal action taken in civil court by the surviving family members or the estate of an individual who died due to someone else’s negligence. This type of claim seeks to hold the responsible party legally accountable for their negligent actions and recover compensation for the losses and expenses incurred due to the death.

Wrongful death claims can arise from various situations, including the following:

• Motor vehicle accidents – When a person dies in a motor vehicle accident caused by another party’s negligence, the deceased’s family can pursue a wrongful death claim against the at-fault party.
• Workplace accidents – If a person dies due to unsafe working conditions or the negligence of an employer or coworker, the family could seek compensation through a wrongful death claim in some cases.
• Unsafe premises accidents – If someone dies as a guest or customer due to hazardous conditions on the premises, the family could file a wrongful death lawsuit against the property owner.
• Product liability accidents – When a defective product causes someone’s death, the designer, manufacturer, distributor, or seller might be liable for a wrongful death claim.
• Medical malpractice – If a healthcare professional’s failure to provide care that meets acceptable standards results in a patient’s death, the surviving family members could file a wrongful death claim.

It’s important to note that a wrongful death claim is entirely separate from a criminal case against the at-fault party. The government will decide whether or not to pursue criminal charges. But that does not impact the surviving family’s right to pursue a wrongful death claim in civil court.

Who Can File a Wrongful Death Claim in Georgia?

Georgia’s wrongful death laws outline who can file a legal action for a lost loved one’s untimely death in the following order:

• Surviving spouse – The decedent’s surviving spouse is the primary person who can file a wrongful death lawsuit.
• Surviving children – If the decedent has no surviving spouse, their surviving children can file a lawsuit. This includes a child born out of wedlock.
• Parents or guardians – If the decedent is a minor or has no surviving spouse or children, their parents or guardians can file a lawsuit.
• Estate administrator – If the decedent has no surviving spouse, children, or parents, the administrator or executor of their estate can file a wrongful death lawsuit on behalf of other family members.

How Are Wrongful Death Damages Calculated?

In Georgia, compensation for wrongful death is based on the “full value of the life of the decedent.” However, determining the value of someone’s life is difficult and subjective. Damages should be measured from the decedent’s perspective and include both tangible and intangible elements. This may include the following:

• Lost future earnings and benefits
• The loss of the life that person would have had if they’d lived
• Pain and suffering

In addition to wrongful death damages, the administrator or executor of the estate can seek compensation for financial losses associated with the decedent’s passing, including:

• The decedent’s medical expenses
• Funeral and burial expenses

Are Wrongful Death Settlements Divided Differently Depending on the Number of Children?

Georgia’s wrongful death statute dictates how to distribute settlements to the decedent’s surviving family members. The amount each family member receives depends on who makes up the family:

• A surviving spouse without children will receive the full amount.
• A surviving spouse with one child will receive half, and the child will get the other half.
• A surviving spouse with two children will receive one-third, and each surviving child will get a third.
• Under Georgia law, a surviving spouse cannot receive less than one-third of a wrongful death award. A surviving spouse with more than two children will get one-third of the award. Each surviving child will receive an equal portion of the remaining two-thirds.
• If there is no surviving spouse, the children receive equal portions.

Many families are complex, so you should consult an attorney on the exact division of a potential settlement in a wrongful death lawsuit.

Will Surviving Family Members Have to Pay for the Victim’s Medical Bills Out of Their Settlement Funds?

Surviving family members do not need to pay for their loved one’s medical bills from a wrongful death settlement. Instead, the estate administrator or executor will file a separate claim to seek compensation for expenses resulting from the decedent’s injuries and death, including their outstanding medical bills.

Is There a Statute of Limitations for Wrongful Death Cases in Georgia?

Under Georgia’s statute of limitations, surviving families must file a wrongful death lawsuit within two years of their loved one’s death. However, exceptional circumstances could affect the deadline. For example, if the at-fault party faces criminal prosecution, the countdown clock could pause until the criminal case concludes. Families should consult an attorney to understand the applicable statutes in their case.

Contact a Georgia Wrongful Death Lawyer

A wrongful death lawsuit can be challenging, especially when you’re already dealing with immense grief and loss. The wrongful death lawyers at R. Alan Cleveland, LLC understand the emotional and financial toll these tragedies can take on families. We are here to support you every step of the way. When you work with our knowledgeable attorneys, you can rest assured that your case is handled with the attention, skill, and compassion it deserves. Contact R. Alan Cleveland, LLC today for a free consultation with a Georgia wrongful death lawyer.

R. Alan Cleveland

An Athens resident Alan Cleveland grew up in Rockdale County. As a founding partner of the personal injury law firm of R. Alan Cleveland, LLC he proudly serves his community and provides skilled representation to injury victims and their families all around Georgia. Alan earned his undergraduate degree from the University of Georgia and went on to graduate, summa cum laude, from Atlanta’s John Marshall Law School. He is also a graduate of Gerry Spence’s renowned Trial Lawyers College (TLC) in Wyoming. In his free time, Alan frequently speaks at continuing legal education seminars. He also volunteered as a youth baseball coach and assists with Georgia’s high school moot court competition held annually. Alan serves as a Trustee of Historic Athens and is a member of the Development Authority of the Unified Government of Athens-Clarke County.

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