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A death caused by the negligence, recklessness, and misconduct of the liable party is wrongful death. Such death of a loved one is arduous; losing anyone because of premeditated criminal acts of someone is distressing.
Unfortunately, many individuals experience the calamity of wrongful death. However, the legislative framework empowers individuals to claim victim compensation who is no longer alive. Because of the victim’s inability to file a lawsuit, the law permits family members to claim and pursue compensation on behalf of the victim.
Though wrongful death cases are frequent in the United States, Georgia’s legal framework has defined rules for filing a wrongful death claim. The navigation of wrongful death involves intricate legal proceedings.
In this article, you will learn who gets the money in a wrongful death lawsuit, who to sue for wrongful death, beneficiaries in a wrongful death lawsuit, and how to file a wrongful death lawsuit with the help of Atlanta Wrongful Death Attorneys.
Understanding the Beneficiaries in a Wrongful Death Lawsuit
It is crucial to understand the beneficiaries’ definition by legislative framework. The beneficiaries have a legal right to claim damages due to the wrongful death case.
Nominated Beneficiaries:
According to Georgia’s law beneficiaries, who are eligible for wrongful death settlement are the following:
- Spouse
- Children
- Parents and other individuals
- Step- Children
Financial Dependents:
Individuals who were dependent on decease for finance are eligible for wrongful death compensation. These include family members and other individuals receiving direct financial support from the deceased.
Potential Disagreement:
In cases when all relatives are not alive complications can occur.
Sometimes, family members disagree on the amount of split. Each member has the right to appeal their case to the judge.
Damages Distribution:
The damage distribution among beneficiaries depends upon the degree of financial dependence, relationship with the deceased, and others. A split-up amount is decided.
If beneficiaries agree on the amounts of the split, then the judge will approve the agreed-upon split.
Survival Actions for Wrongful Death
Survival action refers to the legal process that surviving relatives of wrongful death initiate. Surviving family members have the right to pursue compensation for financial and emotional distress caused by the death of a loved one. They can also claim compensation for financial or emotional distress experienced by surviving members and the deceased.
Survival action compensation covers medical costs, funeral expenses, wages lost, and companionship loss. It’s for survival deprivation after death. While wrongful death claim for settlement from the deceased perspective.
It is necessary to understand the following key points about survival action:
Lawsuit Continuation
- A deceased person can initiate legal proceedings before passing. This lawsuit continues even after death.
Types of Claims:
Survival action claims include
- Car accidents
- Medical malpractice
- Defective products
- Personal injury
Read thoroughly about who gets the money in a wrongful death lawsuit to get an overview of survival Actions for wrongful death.
Who Can Sue for Wrongful Death?
Since the deceased cannot claim wrongful death. It is necessary to identify those who can sue for wrongful death.
According to justification, Individuals who can sue for wrongful death are the following:
Family Members:
Husband or Wife, Children, and parents can sue for wrongful death. In some cases, certain members are prioritized over others.
Financial Dependents:
Individuals or family members who were dependent on the financial support of the deceased can also file for wrongful death cases.
Distant Relatives:
Siblings or grandparents can sue for wrongful death if they are dependent on the deceased.
Legal Representatives:
A personal legal representative can sue on behalf of family members.
Adopted children
Foster children also have the right to sue for a wrongful death lawsuit.
Minor
A personal legal representative or guardian assigned by the court can sue a wrongful death lawsuit on behalf of a minor. Minor will get the compensation on reaching legal age.
No surviving Family:
The court can assign a personal legal representative to claim for settlement on behalf of the estate.
The surviving member’s legal right to sue the deceased for wrongful death depends on the justification and case situation.
Who Gets Compensation for Wrongful Death in Atlanta?
Immediate Family members are entitled to get wrongful death compensation even if they didn’t file the wrong compensation claim.
Spouse
- Living spouses or children will get compensation for wrongful death claims. The immunity will be equally divided between them.
- According to Section 51-4-2(d)(2) of the Georgia Code, the victim’s spouse shall not receive not less than 1/3 of compensation.
Children
- If the victim’s spouse is not alive, children will receive an equal share of the settlement.
Relatives
If the victim’s spouse or children are not living, the victim’s sibling or grandparent will receive a settlement amount.
Minor
Minor’s legal guardian will take care of the compensation share till coming of age.
No Family members
If the estate brings a wrongful compensation case on behalf of the victim, the settlement amount will be distributed according to the deceased will. If the victim has no will, the settlement will be distributed according to Georgia property law(No will).
Questions to ask a Atlanta wrongful death attorneys
If you have decided to pursue a wrongful death claim, contact an experienced attorney. Such cases change the course of your life forever. You deserve compensation for financial loss or emotional distress caused by the death of a loved one. Wrongful death cases can become complicated if liable parties dispute to avoid settlement.
To tackle legal complexities, you need an attorney to assist you throughout the legal proceedings. You can ask your attorney about the legal procedures. Here are the following questions you may ask your attorney.
Experience
How many years have they practiced wrongful death cases?
Have many cases they handled similar to mine? What were the outcomes?
Legal Procedure
What legal approach would be possible in my case?
Legal Evaluation
What is your initial assessment of my case?
Legal Fees
What additional expenses should I anticipate?
Settlement vs. Trial
Should I pursue a settlement or go to trial?
Wrongful Death Case Valuation
How will you identify the potential value of the case?
Conflicts of Interest
How will you handle conflicts of interest?
The information you gather from these questions will help you in the selection of the right attorney for a wrongful death claim.
Keep the questions to ask a Wrongful Death Lawyer in mind while reading about who gets the money in a wrongful death lawsuit so that you can choose the right attorney for your case.
Finding the Right Atlanta Lawyer for Your Needs
If you want to claim a wrongful death lawsuit, you need a competent Atlanta worker comp attorney. You can seek family, friends, and colleagues for recommendations. Some law companies offer free initial consultation, so take the opportunity to ask questions related to your case.
Check the State Bar of Georgia or the Atlanta Bar Association for directories of licensed attorneys.
If you have read till now and are looking at who gets the money in a wrongful death lawsuit, contact Atlanta personal injury attorney or wrongful death.
Conclusion
In tragic accidents, the deceased family has the right to claim wrongful death compensation. Surviving family members have the right to pursue compensation for financial and emotional distress caused by the death of a loved one.
This guide on who gets the money in a wrongful death lawsuit explains a wrongful death lawsuit, who can sue for wrongful death, and questions to ask a wrongful death lawyer.
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