Who Gets the Money in a Wrongful Death Lawsuit

Winning a wrongful death lawsuit can’t erase the pain of losing a loved one, but it can help financially. Who Gets the Money in a Wrongful Death Lawsuit? We’ll unveil who benefits most, like spouses and children, and in some cases, even parents. Let’s sort through the legalese and shed light on how settlements are divided.

Let’s face it, life can be messy, and unfortunately, sometimes that messiness spills over into tragedy. If you’ve recently lost a loved one due to someone else’s negligence, you’re likely grappling with a whirlwind of emotions – grief, anger, and maybe even a nagging question: who inherits the compensation from a wrongful death lawsuit? Here in Georgia, the legalities surrounding wrongful death benefits can feel like navigating a complicated peach cobbler recipe. But fear not because we’re here to break it down into bite-sized pieces.

What Is Wrongful Death?

Wrongful death is a legal term describing a situation where someone’s death is caused by the negligence or wrongdoing of another person or entity. In simpler terms, it means a death that could have been prevented if not for someone else’s carelessness, recklessness, or intentional act.

Cause of Death: The death must be a direct result of another party’s actions (or inactions).

Wrongful Act: This could be negligence (carelessness), an intentional act (like assault), or a product defect.

Civil Lawsuit: Wrongful death lawsuits are separate from criminal charges and focus on compensating the survivors for their loss.

Wrongful death lawsuits allow families who’ve suffered a tragic loss to seek financial compensation for various damages, including:

Lost income the deceased would have provided
Medical and funeral expenses
Loss of companionship and emotional distress
Loss of inheritance potential

Wrongful death laws vary by state, so it’s important to consult with an attorney to understand the specifics of your situation.

Who Gets the Money in a Wrongful Death Settlement?

While a wrongful death lawsuit can’t bring back a loved one, the settlement can offer some financial security during a deeply difficult time. The money from a wrongful death settlement typically goes to the deceased’s closest surviving family members. Here’s a breakdown of who might be eligible:

Spouses: They often receive a significant portion of the settlement.
Children: Minor children are usually entitled to a share, and the court may appoint a guardian to manage the funds until they reach adulthood.
Parents: In some cases, if the deceased was financially supporting their parents, they may be eligible for compensation.

The distribution of funds depends on your state’s laws. Some states divide the settlement equally among beneficiaries, while others consider factors like financial dependency and age.

Here are some additional things to keep in mind:

Will considerations: If the deceased had a will, it might specify how the settlement should be distributed.
No spouse or children: If there’s no surviving spouse or children, the money might go to the deceased’s estate and be distributed according to their will or state inheritance laws.
Tax benefits: Thankfully, wrongful death settlements are not subject to income tax.

Consulting a lawyer specializing in wrongful death lawsuits is crucial. They can explain the specific laws in your state and who might be entitled to compensation, as well as guide you through the legal process.

Sharing the Pie: When There’s No Spouse

Life throws curveballs, and sometimes, there might not be a surviving spouse. Don’t worry, the pie (or rather, the compensation) can still be shared amongst other family members. Here’s the breakdown:

Children: If there’s no spouse, the dependent children become the primary beneficiaries and typically split the compensation equally.
Parents Step Up: In the absence of a spouse and children, the deceased’s parents can step in as beneficiaries. This is especially true if they depend on their child for financial support.

Extended Kinfolk

While the focus is usually on immediate family, Georgia law allows, in some cases, for extended family members like siblings or grandparents to be beneficiaries. However, this depends on whether they financially relied on the deceased and if there are no closer relatives. A Wrongful Death Attorney Georgia can help you navigate these specific situations.

Factors Affecting the Distribution

Remember, the exact distribution of the compensation depends on a few key factors:

State Laws

Every state has its laws regarding wrongful death claims, and Georgia is no exception. A local Wrongful Death Attorney Georgia can provide specific details on how these laws might influence beneficiary designation.

Financial Dependence

The court will consider how much each family member relied financially on the deceased. The greater the dependence, the larger the share they might receive.

The Settlement Agreement

If the case is settled outside of court, the parties involved can agree on how to distribute the compensation amongst themselves.

Getting the Right Help: Why a Wrongful Death Attorney Matters

Going through a wrongful death lawsuit is emotionally draining, and grappling with legalities on top of that can feel overwhelming. A Wrongful Death Attorney Georgia can be your rock during this difficult time. They can:

Guide you through the legal process: They’ll explain your rights, navigate complex legal procedures, and represent you in court if necessary.

Help determine beneficiaries: They can analyze your specific situation and advise you on who qualifies as a beneficiary under Georgia law.

Fight for maximum compensation: An experienced attorney will work tirelessly to ensure you receive the full compensation you deserve.

Want to know more about “How Long Does a Wrongful Death Lawsuit Take?” Visit our blog page today to know more about it!

Wrapping Up

Remember, you’re not alone in this. A Wrongful Death Attorney Georgia can be your trusted advisor and advocate during this challenging time. This blog post is just a starting point, and every situation is unique. If you’ve lost a loved one due to negligence, consulting with a Wrongful Death Attorney in Georgia is the best course of action. They can provide personalized guidance and ensure you understand your rights and options as you navigate this difficult process. Wrongful Death Attorney Georgia. While navigating legalities during a loss is tough, this clarifies who receives financial support. Remember, every state has its own rules, so consulting a Shani Brooks Law wrongful death attorney is your best bet. They’ll break down the specifics and ensure your family gets the compensation you deserve.

A wrongful death lawsuit can’t erase the pain, but it can help ease financial burdens for your family. Shani Brooks Law can guide you through the legalities and ensure those closest to you receive the compensation they deserve. Schedule a free consultation today – let’s navigate this difficult time together.

November 28, 2023January 12, 2024

Who Can Sue For Wrongful Death In Georgia?

Losing someone you love in an accident is one of the most agonizing things you can experience. If the accident was due to someone’s negligence, you could be compensated for your losses. Find out more about wrongful death laws in Georgia in this article, and contact our wrongful death attorney in Atlanta for additional legal information.

The Georgia Wrongful Death Act

Just because you want to sue someone for wrongful death does not mean you can. The Georgia Wrongful Death Act contains precise language about who can file a claim on behalf of the deceased. The law states that a wrongful death claim can only be filed by the following persons:

The spouse of the deceased
If the deceased did not have a spouse, the children can file a claim
If there is no spouse or children, the living parents can file
If there is no spouse, children, or living parents, then the right to sue goes to the administrator of the deceased’s estate

While some states sometimes allow other family members – such as siblings, cousins, and aunts and uncles – to file a claim, Georgia is not one of them. If you have questions about whether you have standing to sue for wrongful death, Shani O. Brooks would be pleased to speak with you today.

What Is The Georgia Wrongful Death Statute Of Limitations?

The statute of limitations to file a wrongful death lawsuit in Georgia is usually two years from the date of the person’s death. Depending on the case circumstances, however, the time limit could vary.

For instance, if a department of the state or federal government is potentially at fault for your loved one’s death, the deadline could be six months or a year from the date of the death.

Furthermore, if your loved one died because of a Georgia law violation, such as DUI, the statute of limitations to file a lawsuit could be paused pending the criminal case’s outcome against the defendant.

How Does A Georgia Wrongful Death Claim And An Estate Claim Differ?

A wrongful death claim in Georgia is for the full value of the decedent’s life from that person’s eyes. In this state, the jury is asked to consider what the person’s life means from the point of view of the person who died in the accident.

The ‘full value of life’ has two parts, with the first being the intangible value of life. This includes spending time with our loved ones, raising children, and engaging in daily activities. The second part consists of the economic value of one’s life, including the money the person would have made if they had lived.

On the other hand, an estate claim allows the grieving family to receive compensation for medical bills before the person’s death, pain and suffering of the deceased, and funeral expenses.

Our Wrongful Death Attorney In Atlanta Is Ready To Fight For You

If you lost a loved one in a tragic accident recently, there is nothing that will ease your pain or bring him or her back. These truths, however, do not mean that the responsible person or entity should get off without being held responsible. They must be held accountable for their negligence, and our Atlanta wrongful death attorneys at Shani O. Brooks PC will fight hard for the compensation you deserve. For additional information, call (404) 920-4736 today to schedule a consultation.

July 11, 2023

Who Can Sue For Wrongful Death In Georgia?

Specific individuals can file a wrongful death lawsuit when someone passes away because of another person’s or entity’s actions. In Georgia, a wrongful death lawsuit may be filed if someone dies from a crime, defective product, or negligence. In a successful lawsuit, the plaintiff may recover the ‘full value of the decedent’s life.’

If you lost a loved one in Georgia in this manner, learn about who can file a wrongful death lawsuit below. Then, speak to our Atlanta wrongful death attorney at Shani O. Brooks PC for legal assistance.

Who Can File A Georgia Wrongful Death Claim?

In Georgia, the surviving spouse usually files a wrongful death lawsuit. But if there is no surviving spouse, a child or parent can file. When there is no surviving spouse, child, or parent, the executor or administrator of the deceased can file a wrongful death lawsuit. Under Georgia law, no other family members are allowed to file a wrongful death claim.

What Damages Are Available?

If the Georgia wrongful death lawsuit is successful, the judge will order the defendant to pay damages, also known as the plaintiff’s claimed losses. This money must be paid to the deceased’s survivors or estate. In this state, there are two types of losses that you can receive in a wrongful death lawsuit. The first type intends to pay the surviving family for the total value of the decedent’s life, which can include economic and non-economic damages, including:

Lost earnings, benefits, and services, including what the person might have reasonably earned if they lived a full life.
Lost companionship, care, advice, and counsel.

The second type of damages compensates the decedent’s estate for the financial losses stemming from the death. This type can include funds for medical costs related to the decedent’s injuries; burial and funeral costs, and other necessary costs associated to the decedent’s injury and death.

What Is The Statute Of Limitations?

In most cases, you must file a wrongful death lawsuit in Georgia within two years of the death. But there are situations where the time limit is ‘tolled.’ For example, if the decedent’s estate has not gone through probate, the statute of limitations may be paused up to five years. Also, if a criminal case involves similar events as a civil case, the time limit begins when the case is resolved, but it cannot take more than six years.

Do You Need A Wrongful Death Attorney?

While some types of injury cases do not require an attorney’s assistance, a wrongful death action is not usually among them. Wrongful death lawsuits are often complex and may involve several negligent parties and their insurance companies. A Georgia personal injury attorney usually has the experience and knowledge of complex state laws and legal processes to obtain the best result.

Contact Our Atlanta Wrongful Death Attorney

If you recently lost a loved one in Georgia because of someone’s negligence, do not try to handle a wrongful death lawsuit yourself. Instead, speak to our Atlanta wrongful death attorney at Shani O. Brooks PC today at (404) 920-4736.