Who Gets the Money in a Wrongful Death Lawsuit?
In the aftermath of a tragic loss, understanding who gets the money in a wrongful death lawsuit is crucial for surviving family members seeking justice and financial relief. In Georgia, distributing a wrongful death settlement requires identifying eligible beneficiaries under state laws. These beneficiaries typically include immediate family members. Other family members and dependents are sometimes eligible to receive compensation, depending on the circumstances.
Eligibility for Receiving Compensation
The wrongful death settlement distribution requires careful consideration of familial relationships and financial dependency to ensure that those most directly impacted by the loss are fairly compensated.
Immediate Family Members
The law recognizes immediate family members as rightful recipients in a wrongful death lawsuit. This includes the surviving spouse, children, and parents of the deceased. The surviving spouse is typically the primary beneficiary, followed by the children of the deceased. If there is no surviving spouse or children, the deceased’s parents may claim the settlement.
Extended Family and Dependents
In Georgia, siblings, grandparents, or other dependents cannot seek damages in a wrongful death suit. However, siblings and grandparents may be eligible to recover damages if no immediate family members—such as a spouse, children, or parents—are available to file a claim.
How Courts Determine Settlement Distribution
When distributing a wrongful death settlement in Georgia, courts consider several factors to ensure fair allocation among beneficiaries.
Factors Considered in Distribution
Georgia’s wrongful death lawsuit state laws outline who can file a claim and how settlements are distributed among eligible beneficiaries. The Georgia Code specifies that wrongful death claims can be initiated by the surviving spouse, children, or parents of the deceased, depending on the family structure at the time of death. These laws dictate the order of priority among claimants.
When distributing a wrongful death settlement in Georgia, courts consider several factors to ensure fair allocation among beneficiaries. These factors include the degree of financial dependence each beneficiary had on the deceased. For example, if a spouse or child relied heavily on the decedent’s income, this would weigh significantly in the distribution decision.
The hierarchy of eligibility begins with the surviving spouse, who is typically the foremost beneficiary. If there are children, the settlement is divided, with the spouse receiving no less than one-third. In scenarios where no spouse or children exist, the deceased’s parents become eligible to claim the settlement.
The contribution of the deceased to the household, both financially and emotionally, is also evaluated. The relationship with the deceased also plays a crucial role, with immediate family members typically prioritized. Additionally, the age and potential earning capacity of the beneficiaries might influence how the settlement is divided.
Differences Between Wrongful Death and Survival Actions
In Georgia, understanding the distinction between survivorship actions and wrongful death claims is crucial for families navigating legal recourse after a loved one’s death. A wrongful death claim is brought by the deceased’s family members to seek compensation for their personal losses, such as loss of companionship and financial support. This action focuses on the impact of the death on the survivors.
A survivorship action is initiated by the decedent’s estate. It seeks damages for the deceased’s pain and suffering, medical expenses, and lost wages incurred from the time of injury until death. Essentially, it pursues any claims the decedent could have made had they survived. These damages become part of the estate and are distributed according to the will or state intestacy laws.
Common Types of Compensation in Wrongful Death Cases
Economic Damages
In wrongful death cases in Georgia, economic damages are designed to compensate survivors for direct financial losses. These damages aim to restore the financial stability of the deceased’s dependents by reimbursing them for the economic support they have lost, thereby helping them adjust to life without their loved one’s financial contributions.
Economic damages also cover lost wages, representing the income the deceased would have earned had they lived. This includes regular salary in addition to potential bonuses, benefits, and future earnings. Calculating lost wages involves projecting the deceased’s career trajectory, considering factors such as age, skills, and employment history.
Expenses directly linked to the death, including medical bills incurred before passing and funeral and burial costs, also fall under the heading of economic damages. These expenses can significantly burden grieving families, making compensation vital for alleviating financial stress. Accurately documenting these costs is necessary for ensuring fair compensation.
Non-Economic Damages
Non-economic damages in wrongful death cases address the intangible losses experienced by surviving family members. In Atlanta, these damages often include compensation for pain and suffering endured by the deceased prior to their passing. This acknowledges the emotional and physical distress they suffered due to the injury or illness leading to death. While these damages can be challenging to quantify, they are meant to recognize the profound impact of the deceased’s suffering on their loved ones.
Non-economic damages may also cover the survivors’ emotional pain, including loss of companionship, guidance, and emotional support. These losses profoundly affect family dynamics and individual well-being, underscoring the need for fair compensation.
Although non-economic damages could never adequately replace the loss of a loved one, they provide a measure of justice and acknowledgment of the bereaved family’s suffering.
Still, legal representation often plays a key role in effectively conveying the depth of these emotional impacts in court to help ensure appropriate compensation is awarded.
Consulting With Our Atlanta Wrongful Death Attorneys
For over 35 years, Butler Prather LLP has been getting justice for people in Atlanta who have lost loved a one due to wrongful death. You won’t find a more successful wrongful death law firm anywhere in the United States.
Call Butler Prather LLP at (706) 322-1990 to schedule a free consultation with one of our Atlanta wrongful death lawyers. You won’t owe us anything unless we win you a settlement.