After a tragedy, the last thing anyone wants to think about is math. Yet, when a family pursues a wrongful death claim, the conversation eventually turns to settlement figures and how that money gets divided. It can feel cold to talk about percentages and statutes while you are grieving, but these laws exist to ensure financial stability for the people left behind.
In Georgia, you cannot simply decide as a family how to split the funds. The state has a rigid playbook that dictates exactly who gets paid and how much. It removes the guesswork, but it can also lead to surprises if you don’t know what to expect.
The Order of Priority
Georgia law sets up a strict line of succession. This hierarchy determines who has the legal authority to file the lawsuit and, consequently, who receives the recovery.
The surviving spouse is always at the front of the line. If the person who passed away was married, the husband or wife holds the exclusive power to bring the claim. They act not just for themselves, but also on behalf of any children the couple had.
If there is no spouse, the baton passes to the children. If the deceased had no spouse and no children, the right to file moves to the surviving parents. In cases where none of these relatives are alive, the administrator of the estate steps in to file the claim for the benefit of the next of kin.
Calculating the Spouse’s Share
Things get a little more technical when a spouse and children are both in the picture. The law requires them to share the settlement, but it isn’t always an even split. Georgia statutes include a specific safeguard for the husband or wife, often called the “one-third rule.”
Here is how it works: The surviving spouse is guaranteed to receive at least one-third of the total recovery, regardless of how many children there are.
If a man passes away leaving a wife and one child, they typically split the money 50/50. However, imagine he left behind a wife and four children. You might assume the money would be split five ways, giving everyone 20 percent. That is not the case. Under Georgia law, the wife takes her guaranteed 33.3 percent off the top. The remaining 66.7 percent is then divided equally among the four children.
Two Different Types of Claims
Most people assume a settlement is just one big check. In reality, a wrongful death case often involves two distinct claims, and the money from each goes to different places.
First, there is the “Wrongful Death” claim. This seeks to recover the “full value of the life” of the deceased. This money is meant to compensate for lost wages, lost time, and the intangible value of the person’s presence. These funds belong directly to the family members (the beneficiaries) and are usually safe from creditors.
Second, there is the “Estate” claim. This covers the financial costs incurred prior to death. We are talking about medical bills resulting from the injury, funeral costs, and pain and suffering the deceased endured before passing. Money collected for the Estate claim goes into the deceased person’s estate. This means it must be used to pay off debts and taxes before anyone inherits what is left.
When Minors Are Involved
If the beneficiaries include children under the age of 18, the court gets involved to ensure the money doesn’t disappear. You cannot simply hand a large check to a minor.
Depending on the amount, a guardian or conservator is usually appointed to oversee the child’s portion. The funds are placed in a protected account or a structured settlement to ensure the money is there when the child becomes an adult or needs it for education and care.
Let Us Handle the Details
Trying to figure out the legal hierarchy while you are mourning is overwhelming. You need a team that knows Georgia law inside and out to make sure your family receives every penny they are entitled to.
At The Brown Firm, we take the weight off your shoulders. We handle the complex calculations and legal filings so you can focus on what matters most: your family. Contact The Brown Firm today for a free consultation. We are ready to fight for you.
You can find us at the following locations:
- 7176 Hodgson Memorial Drive, Savannah, GA 31405
- 125 Townpark Dr Suite 300, Kennesaw, GA 30144
- 197 14th St. NW, Suite 200, Atlanta, GA 30318
- 410 Peachtree Pkwy Suite 4245, Cumming, GA 30041
- 320 East Clayton Street, Athens, GA 30601
- 110 Traders Cross #226, Okatie, SC 29909
- 320 W Lanier Ave Suite 200, Fayetteville, GA 30214
Or call now for a free consultation on (800) 529-1441.