How to divide a wrongful death settlement

Knowing how to divide a wrongful death settlement can feel overwhelming during an already painful time. When a loved one is lost due to negligence, families face an avalanche of emotions, responsibilities, and tough decisions. On top of grief, they must navigate legal processes that are anything but simple. Families not only face the emotional weight of their loss but also the legal and financial complexities that follow.

At The Stoddard Firm , we walk with you through this process—because getting justice isn’t just about the case; it’s about honoring your loved one’s memory and making sure your family is taken care of.

Who is eligible to receive a wrongful death settlement?

In Georgia, the surviving spouse is usually first in line to receive compensation from a wrongful death case. If there is no spouse, the children of the deceased become the primary beneficiaries. The surviving parents or the estate may be eligible in situations where no spouse or children exist.

Georgia law outlines these guidelines clearly, and knowing how this impacts your case is important. According to Georgia law , the right to file a wrongful death claim belongs first to the surviving spouse, who also represents the interests of any minor children and shares in any damages awarded. If there is no surviving spouse or children, that right passes to the deceased’s parents. In the absence of immediate family, the executor or administrator of the estate may bring the claim on behalf of the decedent’s estate.

How are wrongful death settlements divided among beneficiaries?

Each case has unique factors, but wrongful death settlements are generally divided based on the legal relationship to the deceased. The process also considers fairness and the unique dynamics of each family. Here’s a typical order of priority:

• Spouse and children: The spouse and the children divide the proceeds such that each person takes an equal share with the caveat that the spouse will receive at least one-third of the proceeds.
• Children only: If there is no spouse, the full amount is distributed equally among the children.
• Parents: If there are no spouses or children, the parents may divide the proceeds equally unless one parent can prove the other parent did not participate in the raising of the child in which case the money may be divided such that the non-participatory parent receives less, or on rare occasion, nothing at all.
• Estate: When no immediate family members exist, the estate may receive the funds, which can be distributed to distant relatives or as directed by the deceased’s will.

In many cases, a judge may intervene to ensure minor children are protected or that the distribution reflects the decedent’s wishes. It’s also worth noting that emotional loss, loss of income, and other non-economic damages are all factored into the total settlement amount, which can influence how it’s divided.

One other exception worth noting: if the persons otherwise entitled to bring a claim refuse to do so, then the person next in order of priority may bring the claim even though he or she would not otherwise have the right to bring it.

Special Considerations in Settlement Distribution

A wrongful death case almost always includes a second claim made on behalf of the deceased person’s estate, and regarding that estate, Georgia’s laws include protections and responsibilities regarding fund distribution. For instance, and depending on the circumstances, minor beneficiaries sometimes require court-appointed guardians to manage their share until they reach adulthood. This can complicate the process and ensure the minor’s share is preserved.

Another important layer involves public servants such as firefighters, law enforcement officers, or prison guards. According to the Georgia Administrative Code , individuals eligible for benefits under Ga. Laws 1978, p. 1914, et seq., must submit a beneficiary designation form to the Georgia State Indemnification Commission. This form must be completed using official documents provided by the Commission and submitted through the Georgia Department of Administrative Services. In cases where a law enforcement officer, firefighter, or prison guard is permanently disabled in the line of duty, the disabled individual is automatically considered their beneficiary.

In cases where there’s a will or trust, the terms in those documents may also influence how funds are distributed—though that often applies more directly to estate-based compensation than wrongful death claims filed by survivors.

Legal process for dividing a wrongful death settlement

The path toward resolution usually starts with filing a claim by the surviving spouse, child, or parent. Once a verdict is entered or a settlement is reached, the money is provided to the plaintiff’s lawyer (i.e., The Stoddard Firm) and distributed according to law.  If the person bringing the claim is a minor, the court must approve the distribution of funds.

Here’s how the process often unfolds:

1. Filing the claim: A wrongful death claim is brought against the party responsible for the death.
2. Negotiating or litigating: We gather evidence and negotiate on your behalf—or take the case to trial if needed.
3. Resolving the claim: Once a jury enters a verdict or compensation is agreed upon, the court must approve any distribution involving minors.
4. Allocating the funds: Disbursements are made according to state law and court stipulations by the Plaintiff’s attorney.

We’re hands-on during every step to ensure the process doesn’t add more strain to your family.

Potential disputes and how to address them

Disputes about how to divide a wrongful death settlement happen more often than many people expect. Sometimes, family members disagree about who should receive what. Other times, the estate may try to claim a larger portion than survivors believe is fair.

The most common sources of disagreement include alleged children who were not legitimized, estranged family members asserting claims, confusion over legal standing, disputes between biological and step-family members, and arguments over the role of a will versus wrongful death statute.

Resolving these disputes usually involves either private negotiation or court intervention. As a firm, we aim to mediate early whenever possible—but we’re fully prepared to defend your rights in court if necessary. We know how important fairness is when families are already hurting.

The Role of a Wrongful Death Attorney

There’s more to this process than just filing paperwork. We guide families through each legal hurdle and advocate for an outcome that reflects their needs and their loved one’s memory.

That includes investigating the cause of death, determining who has standing to sue, maximizing the total settlement value, ensuring proper and legal distribution, and protecting the rights of minors or other vulnerable parties throughout the process.

Because every case is different, we must bring clarity and resolution when things feel uncertain.

Contact The Stoddard Firm today for a Free Consultation.

Navigating how to divide a wrongful death settlement isn’t just about paperwork—it’s about making sure your family is supported during one of the hardest moments of life. The Stoddard Firm is here to help you understand your rights and move forward clearly.

Call us today at 470-467-2200 to talk with our team and get the answers you need about how to divide a wrongful death settlement.