Who Gets the Money in a Wrongful Death Settlement?

Families often want a clear answer to who gets the money in a wrongful death lawsuit. In Georgia, compensation generally goes to the deceased person’s surviving family members or dependents—such as a spouse, children, or parents—rather than distant relatives. Those funds are typically applied first to necessary expenses, like funeral and final medical costs, with any remaining compensation distributed to eligible beneficiaries, often in accordance with a will or state intestacy rules.

Get a Consultation

Contact us or Call us today

Wrongful death claims arise after a fatal incident caused by negligence, including crashes, unsafe property conditions, or defective products. While no amount of money can replace the loss of a loved one, financial recovery can help address the practical consequences families face, from burial costs to the loss of future income and support.

At The Stoddard Firm, wrongful death lawyers work with Atlanta families to explain how these claims function, how compensation may be distributed, and what factors influence who ultimately receives the settlement. Georgia law draws important distinctions between who may bring a wrongful death claim and who may receive compensation; understanding these differences often shapes the path forward.

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?

According to the most recent Centers for Disease Prevention and Control (CDC) data from 2023, unintentional injuries caused 222,698 deaths nationwide, with a mortality rate of 66.5 deaths per 100,000 people, making accidental injuries the third leading cause of death in the United States.

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.

Get a Consultation Now

Contact us or Call Us

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:

• Settlement Agreement
• 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.

What Types of Compensation Are Included in a Wrongful Death Settlement?

When a life is lost because of someone else’s negligence, Georgia law recognizes that the harm goes far beyond unpaid bills or immediate expenses. A wrongful death settlement is meant to reflect the full value of the deceased person’s life, accounting for both the financial support they would have provided and the personal role they played within their family.

In practice, this means a wrongful death claim may account for both measurable financial losses and the personal contributions the deceased can no longer provide, including:

• The economic value of the decedent’s life, including lost wages, employment benefits, and the income the person would likely have earned over time.
• Loss of household services, such as childcare, caregiving, maintenance, or other support the deceased regularly provided.
• Loss of companionship, care, and guidance, which recognizes the emotional and relational impact on surviving family members.
• Medical expenses related to the final injury or incident, when those costs are pursued through a related estate claim.
• Funeral and burial expenses, which are often addressed early in the claims process to help families.

Because wrongful death compensation extends beyond out-of-pocket costs, determining who gets the money in a wrongful death lawsuit requires careful application of Georgia law to the family’s specific circumstances, including which relatives are legally entitled to recover damages, how those amounts are distributed, and how overlapping claims or family dynamics may affect the final outcome.

What Expenses Get Paid Before the Family Receives Their Share?

Before wrongful death funds are distributed to surviving family members, certain expenses may be addressed first, depending on how the claims are structured. Georgia law distinguishes between the wrongful death claim itself and any related estate-based claims, which can affect how money flows.

Several categories of expenses typically take priority in the distribution process, including:

• Funeral and burial expenses, which are often addressed early in the process to relieve immediate financial pressure on surviving family members.
• Final medical bills related to the fatal injury, when those costs are pursued through the estate rather than the wrongful death claim itself.
• Administrative costs tied to estate proceedings, including fees associated with probate or court-required filings when an estate claim is involved.
• Court-approved allocations, particularly in cases involving minor beneficiaries, where a judge must review and approve how settlement funds are distributed.

One critical point often surprises families—wrongful death damages awarded for the full value of life generally pass directly to eligible family members, rather than becoming part of the estate subject to creditor claims. This distinction plays a critical role in determining who ultimately receives the settlement proceeds and protects those funds from being reduced by the deceased’s debts.

Because distribution rules vary depending on surviving relatives and whether estate claims are pursued, The Stoddard Firm regularly helps Atlanta families understand how settlement funds move from resolution to rightful recipients.

Tell Us About Your Case – Book Your Free Consultation Now

Contact us or Call Us

How Georgia’s Statute of Limitations Affects Who Gets the Money

Georgia’s statute of limitations affects who gets the money in a wrongful death lawsuit because it sets the timeframe for bringing a claim. In many cases, Georgia law allows a wrongful death action to be filed within two years of the date of death, although certain exceptions may apply depending on the circumstances.

The general filing rule comes from Section 9-3-33 of the Official Code of Georgia Annotated, which governs personal injury and wrongful death claims. Situations involving minor beneficiaries, required estate or probate proceedings, or related criminal investigations can affect how the deadline applies. Some cases may shorten the filing period, especially if the alleged negligence involves a government entity and special notice requirements apply.

If the applicable deadline passes before a claim is filed, surviving family members may lose the ability to recover compensation entirely. Speaking with a wrongful death lawyer early can help clarify which deadlines apply and whether any exceptions affect the timeline. Legal guidance at this stage also helps families understand how timing decisions may influence who can bring the claim, how compensation may be pursued, and what steps need to happen first while legal options remain available.

Talk to an Atlanta Wrongful Death Lawyer 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.

An 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.