How are wrongful death settlements distributed? Wrongful death settlements are distributed based on the financial situation of a deceased person (decedent) and other factors.
A Duluth wrongful death lawyer can provide further details about how a settlement is distributed to a decedent’s surviving family members.
How Wrongful Death Settlements are Distributed in Georgia
In Georgia, a wrongful death settlement may be distributed to a decedent’s spouse and children. The spouse may receive one-third of the settlement. If there are no children, the spouse would receive the entire amount.
There are times when a person dies, and they are not married or have kids. In these situations, a wrongful death settlement may be split among the decedent’s parents or other relatives. If the decedent had a will, a wrongful death could be split in alignment with its terms.
At Slam Dunk Attorney, we understand how challenging it can be to proceed with a wrongful death case. We have decades of combined legal experience on staff and are here to help you and your family during this difficult time in your life. Contact us to find out if you can sue for a Georgia wrongful death and, if so, why now may be the right time to file a lawsuit.
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Compensation Distributed in a Wrongful Death Settlement
A personal representative of a decedent’s estate can distribute a wrongful death settlement. This individual could be named in a decedent’s will. Alternatively, the court could appoint someone to serve as a decedent’s representative.
You must file a claim before you can receive a wrongful death settlement. According to the Official Code of Georgia Annotated (OCGA) § 9-3-33, the statute of limitations for a personal injury claim is two years. This time frame applies to wrongful death cases.
The compensation you receive as part of a wrongful death settlement distribution depends on your case. You could recover economic and non-economic damages. Medical bills, burial and funeral expenses, and pain and suffering are three reasons you could receive one or both of these damages.
Reasons Why You Could Get a Wrongful Death Settlement Distribution
You may be able to file a wrongful death lawsuit if you are a surviving family member of an individual who died due to someone else’s negligence. A wrongful death attorney can let you know if you have grounds for this type of lawsuit. Reasons why people file wrongful death lawsuits and receive settlement distributions include:
Car Accident
Sadly, an auto accident can be fatal. If a driver is negligent and leads to an accident involving a family member, you may sue the motorist for damages relating to your loved one’s death. A Duluth car accident lawyer can handle your legal matters while you and your family members support and care for one another as you deal with the aftermath of your loss.
Truck Accident
A truck accident can cause significant harm to those involved in it. If a truck driver or their employer is liable for a fatal accident in which your family member is killed, hold them accountable. A Duluth truck accident lawyer can represent and advocate for you and help you and other family members receive a fair distribution of a wrongful death settlement.
Nursing Home Abuse
You expect the best from nursing home personnel caring for a family member. Unfortunately, abuse can be a problem in a nursing home. A Duluth nursing home abuse lawyer can help you sue for damages if a family member dies due to staff members’ abusive behaviors.
It can be overwhelming to consider a wrongful death lawsuit. Your lawyer assists you with your case. They can explain how the distribution of wrongful death settlements works and make sure you and your family receive comprehensive legal services and support during your litigation.
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Why You Should Pursue a Wrongful Death Settlement
You do not expect a family member to die suddenly in an accident caused by someone else. Now, you and your family are mourning the loss of your loved one. The future looks bleak, as you are unsure of how to stay afloat financially.
A wrongful death lawyer is empathetic and compassionate toward you and your family. They acknowledge the pain you and your loved ones are experiencing. Your attorney will encourage you to request a settlement from anyone who contributed to your loved one’s death.
Pursuing a wrongful death settlement allows you to seek justice and damages from those who harmed your late family member. If you get a settlement offer, you are not legally obligated to approve it. You have the option to see your case through to trial and make sure that the defendant is aware of just how much they have harmed you and your family.
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What to Expect if You File a Wrongful Death Claim
A wrongful death lawyer protects your legal rights and best interests. They want you and your family members to take care of yourselves. Meanwhile, they gather evidence and craft an argument that could make it clear to the court that you should receive full damages.
Your attorney can use medical records, witness statements, and other proof in your case against any liable parties. If you have substantial evidence, the defendant could have concerns about your case against them. These concerns could prompt the defendant to submit a settlement proposal, which your lawyer will share with you.
If you approve a settlement, you will receive compensation, and you or the decedent’s representative can make sure it is distributed properly. Yet, you may find a settlement is less than what you have suffered in losses or want to bring your case to trial. Your lawyer will support you in whatever decision you make regarding a settlement.
Work With a Wrongful Death Lawyer Who Serves Clients Specifically, Intentionally, and Purposefully
Slam Dunk Attorney makes a difference in our community by disproving the misconception that personal injury law firms solely care about money. We can learn about your wrongful death case and will help you with it in any way we can. For more information, schedule a free case consultation with us.
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