Who Gets the Money in a Wrongful Death Settlement?

• June 4, 2024
• Attorney Matt Stoddard
• Wrongful Death

If a loved one in your family dies as the result of someone else’s negligence, you may be entitled to financial compensation. Whether caused by a car crash, a workplace accident, a defective product, or any other event resulting in a fatal accident, a wrongful death claim is a legal remedy for the loss that you have endured.

Our wrongful death lawyers at The Stoddard Firm know that money can never replace the loved one you’ve lost, but it can help cover medical and burial expenses, lost wages, pain and suffering, and the loss of future earnings.

Table Of Contents

• Who is The Stoddard Firm?
• The Difference a Wrongful Death Attorney Can Make
• HOW IS THE MONEY DIVIDED IN A WRONGFUL DEATH SETTLEMENT?
• HOW DOES A WRONGFUL DEATH SETTLEMENT WORK?
• HOW ARE WRONGFUL DEATH LAWSUITS PAID OUT?
• CONTACT A SKILLED WRONGFUL DEATH ATTORNEY TODAY

In Georgia, certain family members and/or an accident victim’s estate can bring a wrongful death claim under OCGA § 51-4-2 when a victim dies in an accident.  An experienced lawyer can oversee your wrongful death case. Georgia law distinguishes between people who can bring a wrongful death claim and people who can receive compensation from such a claim.

Who is The Stoddard Firm?

The Stoddard Firm is a premier Georgia personal injury and wrongful death law firm. We advocate for our clients’ rights and those of their family members. We are not like other law firms that see you as just another case. We always maintain a small caseload so we can give our clients the extensive resources and time they deserve. We are prepared to invest as much money and energy as we need to in order to identify liable parties and get our clients the maximum compensation they are entitled to.

Though we may be able to settle your case with the insurance company and avoid going to trial, we are not afraid to speak up for your rights before a judge and jury should it become necessary to do so. When you need a strategically aggressive legal advocate you can depend on, The Stoddard Firm is here for you.

The Difference a Wrongful Death Attorney Can Make

Having a compassionate wrongful death attorney on your side could make all the difference in the outcome of your case. Your family should be able to mourn and grieve without having to deal with complex litigation. Having us take on your case means you can focus on celebrating your loved one’s life while we:

• Investigate the cause of death
• Build a powerful case against the liable party
• Attempt to settle your case before going to trial
• Negotiate with insurance companies
• Accurately calculate the value of your family’s losses
• Bring your case for compensation before a jury.

How Is the Money Divided in a Wrongful Death Settlement?

Under Georgia’s Wrongful death statute, the deceased’s spouse has the right to bring the wrongful death claim.  If there is no spouse, then the children, and if there is no children, then the parents.  If the deceased person had no spouse, children, or parents, then the closest living relative can stand as the estate administrator and bring the claim on behalf of the estate.

The person who brings the claim and the person who receives the money are not always the same though.  Section 51-4-2(d)(1) of the Georgia Code states that wrongful death recovery “shall be equally divided, share and share alike, among the surviving spouse and the children per capita, and the descendants of children shall take per stripe.” In simple terms, this means:

1. If the victim has a spouse and no children, the spouse receives all the money.
2. If the victim has a spouse and one child, then the spouse receives half and the child receives half
3. If the victim has a spouse and two children, each receive a third of the recovery
4. If the victim has a spouse and three or more children, then the wife receives one third of the recovery, and the children split the remaining two third’s equally.
5. If there is no living spouse, then each surviving child receives an equal share of the payout.
6. If there are no living spouse or children, then the parents receive an equal share so long as the parents were both in their child’s life and performed their roles as parents.
7. If there are no spouses, children, or parents, then the closest living relatives split the money equally.

If this sounds complicated, that is because it can be. To find out more about your unique situation, talk to a wrongful death attorney at The Stoddard Firm. We have helped countless families endure this very difficult experience, and we have successfully pursued many wrongful death claims.

How Does a Wrongful Death Settlement Work?

Roughly 170,000 individuals in the U.S. die each year from accidental injuries, according to the Centers for Disease Prevention and Control (CDC). The number of physician office visits for unintentional injuries was 24.8 million in 2018, and there were 25.5 million emergency room visits that same year for unintentional injuries.

These injuries, also called accident-related injuries, are often preventable and typically are the result of someone else’s careless or negligent act. When someone’s negligence leads to another person’s death — its legal term is “wrongful death” — surviving family members can seek financial compensation through both wrongful death claims and related estate-based claims.

There can be one or multiple defendants in a wrongful death claim.  For example, when a person is killed in a large truck accident, defendants could include:

• The driver who caused the wreck
• The trucking company that employed the driver
• The trucking company’s insurer
• Either vehicle’s manufacturer (if a vehicle defect contributed)
• The governmental entity that designed or maintained the road (if the roads were poorly or negligently maintained).

This is just one example of how your attorney can identify several entities that may be held liable for your loved one’s death.

Negotiating a Wrongful Death Settlement

A wrongful death settlement happens when your attorney files a lawsuit against one or more entities whose negligence led to a person’s death, and both you and the defendants want to settle out of court. Your attorney then negotiates with these entities’ insurance companies to arrive at a dollar figure that is agreeable to both sides.  Of course, insurance companies are going to try to get you to settle for as little money as possible.

That is their job. Our job is to prepare the case for trial because the best settlement tool is to create fear that the verdict is going to be large. At The Stoddard Firm, our Atlanta wrongful death lawyers work hard to achieve the best possible outcome in wrongful death cases. We know that it is a very difficult time for the clients we represent. We are compassionate with grieving families but tough on defendants.

How Are Wrongful Death Lawsuits Paid Out?

Generally, wrongful death lawsuits are paid out in one of two ways. We will decide which way is best for your case:

1. Settlement Agreement
2. Jury Award.

Every case is different, and the needs and goals of surviving families are different. Depending on the facts in your case, you may want a quick settlement in which insurance companies agree to pay you a set amount of money, or you may want your case to go all the way to a jury trial in which attorneys argue in front of a judge and a jury issues a decision about how much your case is worth. This can sometimes result in a larger payout, though this is not always the case.

Contact a Skilled Wrongful Death Attorney Today

If you have lost a loved one in an accident caused by the negligence of another person, you may be entitled to financial compensation. No amount of money will ever replace your family member, but it can pay bills and help provide for a grieving spouse, children, or grandchildren in the future.

A skilled and experienced wrongful death attorney can argue on your behalf and negotiate with insurance companies to achieve a favorable financial settlement. Talk to The Stoddard Firm at 470-467-2200  or through our quick contact form. The initial phone call is free.