Who Pays for a Wrongful Death Lawsuit in Georgia?

Who Pays for a Wrongful Death Lawsuit? The Short Answer

Who pays for a wrongful death lawsuit? In some cases, the at-fault party’s liability insurance may be one possible source of payment, depending on the facts. If that coverage is missing or too small, the responsible person may be personally liable. Which source applies depends on the facts of each death.

Losing someone in a crash, a fall, or a preventable attack is hard. The money question can feel like one more weight. This page explains the main sources in plain language so you can ask better questions.

Two questions are easy to mix up. The first is who pays. The second is who receives the money under Georgia law. This page covers both. It does not predict an outcome or an amount, because no two cases are the same.

Georgia’s definition of “homicide” includes deaths that result from criminal or other negligence. See O.C.G.A. § 51-4-1. Whether that covers a particular car, truck, motorcycle, pedestrian, premises, or negligent security case depends on the facts of each death. For a broader view, read our wrongful death guide for Georgia.

Who Can File a Wrongful Death Claim and Who Receives Money in Georgia

Under Georgia law, a surviving spouse may bring a wrongful death claim. If there is no surviving spouse, a child or children may bring it. O.C.G.A. § 51-4-2 addresses this rule for the death of a spouse or parent, and how it applies depends on the facts of each case.

The statute describes the recovery as the “full value of the life of the decedent, as shown by the evidence.” That is a legal standard. It is not a prediction of any dollar amount.

Who may bring a wrongful death action depends on the facts of each case, and other claimants may be entitled to sue under different provisions, so consult a lawyer about your situation. See O.C.G.A. § 51-4-5.

The statute also sets how a recovery is shared. If there is a surviving spouse, that spouse may be entitled to at least one-third, depending on the facts of the case and any exceptions that may apply. The rest is divided among the spouse and children under the statute’s rules. A recovery under this section generally isn’t subject to the decedent’s debts or the estate’s debts, though this depends on the facts and exceptions may apply.

These rules depend on your family’s facts. That includes whether there is a spouse, children, or other relatives. Exceptions may apply. Please talk with a lawyer about your own situation before you rely on any of this.

The At-Fault Party’s Liability Insurance

Liability insurance may be one possible source of payment, depending on the facts of the case. It is a policy that may pay when its holder is found legally responsible for harming someone else. The policy limit is the most that policy will pay, under its terms.

Coverage differs by case type:

• After a crash, the at-fault driver’s auto liability policy may respond.
• After a fall on unsafe property, the owner’s or occupier’s liability policy may respond.
• In a negligent security case, a security contractor’s coverage may be involved. O.C.G.A. § 51-3-57 says a security contractor may be liable in the same manner, and subject to the same limits, as an owner or occupier, depending on the facts of each case. That depends on the duty it assumed.
• In a nursing home case, the care provider’s liability policy may be involved.

Trucking cases may involve federal minimums. Whether those minimums apply to a particular carrier depends on the facts of each case, so consult a lawyer about your situation. Actual policies may carry more. The minimum that applies depends on the carrier’s operations.

Coverage depends on the policy’s wording, its exclusions, and the facts. Nothing in this section confirms that coverage exists in any particular case.

When Other Insurance or Other Parties May Be Involved

Sometimes the at-fault party has no insurance. Sometimes the coverage isn’t enough. Sometimes more than one party shares blame. Each of these can change who pays.

Georgia law generally requires certain auto policies to include uninsured motorist coverage, but that coverage may be rejected in writing or reduced, and whether it applies depends on the policy and the facts. O.C.G.A. § 33-7-11 describes this for injury or death caused by an uninsured vehicle’s owner or operator, depending on the policy and the facts of each case. Whether it applies to your family depends on the policy and the crash facts. Questions about underinsured limits depend on the specific policy too.

Georgia’s apportionment statute, O.C.G.A. § 51-12-33 (Quynn v. Hulsey, 310 Ga. 473 (2020)), generally reduces damages in proportion to a plaintiff’s fault, depending on the facts of each case. Under Georgia’s apportionment rules, an award may be divided among liable persons by their percentage of fault, depending on the facts and any exceptions that may apply. Under Georgia’s apportionment rules, a person’s share may be based on that person’s own liability rather than joint liability, depending on the facts of the case and any exceptions that may apply.

Whether the 50-percent threshold in O.C.G.A. § 51-12-33 limits a plaintiff’s recovery depends on the facts of each case, and exceptions may apply. Exceptions and fact questions apply, so review this point with a lawyer.

The fault of other contributors may also be weighed, even if they were never named in the suit. Questions about an employer’s or vehicle owner’s responsibility may come up too. These are possibilities that depend on the facts, not automatic results.

How a Recovery Is Divided and Why Timing Varies

Georgia’s statutes set the rules for who shares a wrongful death recovery. The exact split depends on who survives and the facts of the case.

Some expenses have their own rule. Where death results from a crime or from criminal or other negligence, the personal representative may recover funeral, medical, and other necessary expenses, depending on the facts of each case. See O.C.G.A. § 51-4-5.

Medicare can also matter. The Medicare Secondary Payer recovery process is explained by the Centers for Medicare & Medicaid Services, and a lawyer can advise how it may apply to your situation. Whether it applies depends on the facts.

Timing varies. How long payment takes can depend on how complex the claim is, how many parties are involved, court schedules, and whether the case resolves before trial. No timeline can be predicted for any case.

What Can Affect Who Pays and How Much Is Available

Several facts may bear on who pays and how much money is available. None of them predicts an outcome or a value.

• The policy limits of each policy that may apply.
• The number of parties who may share fault.
• The type of incident, such as a crash, a fall, or a care setting.
• Questions of fault and apportionment under Georgia law.
• Whether Medicare or another payer has an interest in the recovery.
• Whether a defendant names a nonparty it says was at fault. Under O.C.G.A. § 51-12-33, that notice is generally due not later than 120 days before trial, depending on the facts of each case and subject to possible exceptions.

Medical records, bills, and incident reports describe care and events. They show what happened and what treatment was given. They do not decide who pays, and this page does not suggest that any document or injury type increases a claim’s value.

Fees and Case Costs: What Families Should Ask About

Fee and cost terms are set out in a written fee agreement. Read it closely, and ask questions before you sign anything.

Here is the approved fee statement: the firm offers a free first consultation, which is confidential and with no obligation to continue.

You may still be responsible for court costs and case expenses. The written fee agreement explains how those are handled. It is also the place to find the full terms.

Questions worth asking any lawyer include which costs you might owe, when they are due, and how they are handled. Ask for those answers in writing, so both sides work from the same terms.

Talk With Our Office About Your Family’s Situation

If you’re researching this for someone you lost, you are likely balancing grief with a lot of new questions. That is a hard place to be, and you don’t have to sort it out alone.

Maybe your father died after a crash on a metro Atlanta road. Maybe a family member died after a fall on property that was not kept safe. Maybe a parent passed while in a care facility. You may be wondering which insurance could respond and whether anyone else shares responsibility.

Quick answers to common questions

Who pays for a wrongful death lawsuit in Georgia?

Often the at-fault party’s liability insurance pays. If that coverage is missing or too small, the responsible person may be personally liable. The answer depends on your facts.

Does the at-fault driver’s insurance always pay?

Not always. Payment depends on the policy, its limits and exclusions, and the facts of the crash.

What if the responsible party has no insurance?

Uninsured motorist coverage may apply in some car cases, depending on the policy. Other sources may also be possible.

Does Medicare get repaid from a settlement?

Whether it applies depends on the facts of the case.

Our team is glad to talk through your family’s situation. You can contact our office for a free first consultation, which is confidential and with no obligation to continue.

This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Responsible attorney: Peter F. Jaraysi, Slam Dunk Attorney, Duluth, Georgia. Contact: slamdunkattorney.com/contact-us.