[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/butlerfirm.com\/blog\/who-gets-the-money-in-wrongful-death-lawsuit\/#BlogPosting","mainEntityOfPage":"https:\/\/butlerfirm.com\/blog\/who-gets-the-money-in-wrongful-death-lawsuit\/","headline":"Who Gets the Money in a Wrongful Death Lawsuit in Georgia?","name":"Who Gets the Money in a Wrongful Death Lawsuit in Georgia?","description":"While the death of a loved one is always difficult, losing someone because of another party\u2019s negligence or misconduct is especially painful. If someone close to you has recently died and someone else is to blame, you could be entitled to compensation. However, only certain family members stand to benefit monetarily from such a claim.… Continue reading Who Gets the Money in a Wrongful Death Lawsuit in Georgia?<\/span><\/a>","datePublished":"2023-03-25","dateModified":"2026-04-17","author":{"@type":"Person","@id":"https:\/\/butlerfirm.com\/blog\/author\/matt-kahn\/#Person","name":"Matt Kahn","url":"https:\/\/butlerfirm.com\/blog\/author\/matt-kahn\/","identifier":25,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/e04949bdf1f2184cdeab337bb39535a4c17c4beb3ad3cd47e5524b20b38274a9?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/e04949bdf1f2184cdeab337bb39535a4c17c4beb3ad3cd47e5524b20b38274a9?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Butler Kahn","logo":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","width":210,"height":93}},"image":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2022\/07\/mother-daughter.jpg","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2022\/07\/mother-daughter.jpg","height":666,"width":1000},"url":"https:\/\/butlerfirm.com\/blog\/who-gets-the-money-in-wrongful-death-lawsuit\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=e2Kupj8Deus#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=e2Kupj8Deus","name":"Who in the Family Gets the Money in a Wrongful Death Case in Georgia?","description":"Attorney Jeb Butler is here to explain which member of the family gets the money in a wrongful death case in Georgia. \n\n*****************************************************\nSHARE THIS VIDEO: https:\/\/youtu.be\/e2Kupj8Deus\n*****************************************************\n__________________________________________\nWe Have Four Locations to Serve You \nAtlanta, GA \nButler Kahn\n10 Lenox Pointe \nAtlanta, GA 30324 \nhttps:\/\/butlerfirm.com\/ \n--------\nLawrenceville, GA \nButler Kahn\n154 Stone Mountain Street, Suite 250\nLawrenceville, GA 30045 \nhttps:\/\/butlerfirm.com\/lawrenceville-...\n-------- \nRoswell, GA \nButler Kahn\n1255 Canton Street, Suite E \nRoswell, GA 30075 \nhttps:\/\/butlerfirm.com\/roswell-injury...\n-------- \nJonesboro, GA \nButler Kahn\n21 Lee Street, Suite 250 \nJonesboro, GA 30236 \nhttps:\/\/butlerfirm.com\/jonesboro-inju...\n------- \n\u25ba Who gets the money in a wrongful-death case in Georgia? First, the decedent or the person who dies' spouse gets some, and if the decedent also had children, then they get some too.\n\u25ba If there's a spouse and one child, then each gets half. If there's a spouse and two children, then each gets one third. If there's a spouse and more children than that, then all the children get some, but the spouse gets a share that is at least one third. So if there's a spouse and children, they share it equally, except that the spouse always takes at least one third.\n\u25ba If there is no spouse and there are no children, then the parents of the decedent take the money. And if there is no spouse and no children and there are no parents, then the estate of the decedent takes the money, and then it gets divided up to the next-of-kin: brothers, sisters, cousins, things like that.\n\u25ba To sum it up, who gets the money in a wrongful-death case in Georgia? The spouse, at least one third; children; parents; and then estate.\n\nJOIN US ON SOCIAL MEDIA\nFACEBOOK LINK: https:\/\/www.facebook.com\/butlerfirmllc\nTWITTER LINK: https:\/\/twitter.com\/Butler_Firm\nINSTAGRAM LINK: https:\/\/www.instagram.com\/butler_law_firm\/\nLINKEDIN LINK: https:\/\/www.linkedin.com\/company\/butlerfirm\/\n\nSEE OUR REVIEWS \nGOOGLE REVIEWS: https:\/\/search.google.com\/local\/reviews?placeid=ChIJoR24iRoG9YgRSH8GpDMLiMQ\nFACEBOOK REVIEWS: https:\/\/www.facebook.com\/butlerfirmllc\/reviews\/\n\nCheck out our previous video: https:\/\/youtu.be\/omSSIMMp0h0","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/e2Kupj8Deus\/default.jpg","https:\/\/i.ytimg.com\/vi\/e2Kupj8Deus\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/e2Kupj8Deus\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/e2Kupj8Deus\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/e2Kupj8Deus\/maxresdefault.jpg"],"uploadDate":"2022-11-30T20:20:17+00:00","duration":"PT1M27S","embedUrl":"https:\/\/www.youtube.com\/embed\/e2Kupj8Deus","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw#Organization","url":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw","name":"Butler Kahn","description":"We help people and families.\n\nOur firm specializes in personal injury and wrongful death cases. We are based in Atlanta, Georgia. We handle cases across Georgia and, for certain types of cases, all across the country.\n\nTOP-QUALITY LEGAL WORK. We do the work that lots of law firms skip. We track down witnesses, dig into the evidence, and prepare intensely for every deposition, trial, and hearing. We take a small number of cases so that we can devote our full attention to the clients we represent.\n\nPERSONAL SERVICE. If you hire us, you get us. You won't get blocked by a receptionist or leave unreturned messages. If you want to speak with your lawyer, you can.\n\nDOING WHAT WE SAY WE'LL DO. Some law firms make big promises at the beginning, then don\u2019t follow through. We shoot straight \u2013 when we tell you something about your case, good or bad, we mean it. No fake promises.\n\nButler Kahn\n10 Lenox Pointe\nAtlanta, GA 30324\n678-940-1444\n","logo":{"url":"https:\/\/yt3.ggpht.com\/NTOsbNEALVOnRbUCg7jUzYGcC4kNKsUTEVHm5TtiTQdLlfFKksLTnmiZG_t6zDG_e4ygtnva=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=e2Kupj8Deus#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=e2Kupj8Deus#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=e2Kupj8Deus&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=e2Kupj8Deus#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":45716}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=e2Kupj8Deus#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":2}]},"about":["Wrongful Death"],"wordCount":1858,"articleBody":"While the death of a loved one is always difficult, losing someone because of another party\u2019s negligence or misconduct is especially painful. If someone close to you has recently died and someone else is to blame, you could be entitled to compensation. However, only certain family members stand to benefit monetarily from such a claim. Who gets the money in a wrongful death lawsuit in Georgia?\u00a0The basic legal guideline for Georgia wrongful death claims is that compensation must be split equally between the victim\u2019s surviving spouse and children. The spouse is entitled to no less than one-third of the total amount.What Is a Wrongful Death Suit?Georgia law defines wrongful death as any human death caused by another party\u2019s negligent or intentional actions or inaction. Common causes of wrongful death lawsuits includeCar accidentsMedical malpracticeDefective productsOther negligence-based incidentsAssault or homicideReckless conductIt can be useful to think of a wrongful death lawsuit as a type of personal injury lawsuit for which the victim is no longer alive to claim compensation. Because the victim cannot file a lawsuit or collect the money themselves, the law grants certain survivors the right to do so on their behalf.Who Can File a Wrongful Death Suit in Georgia?In some states, only a court-approved personal representative of the deceased\u2019s estate has the authority to bring a wrongful death lawsuit. In these states, surviving family members of the deceased are the ones who stand to benefit from wrongful death lawsuits, but they do not have the right to file the claims themselves.In Georgia, on the other hand, certain family members have the right to file wrongful death lawsuits personally. If a wrongful death victim leaves behind a surviving\u00a0spouse, the spouse has sole authority to file the wrongful death lawsuit. This rule applies whether or not the deceased and their surviving spouse had children in common.If a surviving spouse files a wrongful death claim, they must include their children in the claim and share any awarded compensation with the children. The surviving spouse is always entitled to at least one-third of the total compensation.If a surviving minor child is entitled to compensation, their share is typically held in trust by a parent or guardian until they come of age. And if the victim has surviving grandchildren but no surviving children, the grandchildren may claim the share of compensation their parents would have recovered.If the victim was divorced, widowed, or otherwise unmarried when they died, their surviving children must be the ones to file suit, and they are jointly entitled to any compensation awarded. If the victim did not leave behind a spouse, child, or dependent, surviving parents can file a wrongful death claim. If the deceased has no surviving family members or dependents, the court may appoint a personal representative to file a wrongful death claim on behalf of the estate.What Compensation Is Available in a Wrongful Death Suit?Survivors are typically entitled to compensation for any out-of-pocket expenses caused by the wrongful death of their loved one. Common examples include funeral expenses and the costs of any\u00a0medical care\u00a0the victim received before they ultimately passed away.Georgia law\u00a0also grants family members the right to claim compensation for \u201cthe full value of the life\u201d of a wrongful death victim, not deducting any\u00a0personal expenses\u00a0they would have incurred during their lifetime. Courts may examine the following factors to calculate the full value of someone\u2019s life:The projected value of the wages and benefits the person would have earned given their age, experience, occupation, income, and life expectancyThe estimated value of the services and support the person would have provided during their lifetime (housekeeping, caring for dependents, etc.)The intangible value of the care, companionship, counsel, and guidance the person would have provided to loved onesThe quality time the person would have spent with family, friends, and doing things they enjoyed, as well as the milestones they will miss because of the deathWhat Is the Time Limit for Filing a Wrongful Death Suit in Georgia?Surviving family members have a limited amount of time to file wrongful death lawsuits in Georgia, according to the state\u2019s statute of limitations. Generally, you have two years from the time of your loved one\u2019s death to initiate a wrongful death claim. If you wait more than two years to file your case, you may lose your right to demand compensation.The usual two-year statute of limitations may be tolled, or paused, in certain situations, but it\u2019s never a good idea to wait until the last minute. A Georgia wrongful death lawyer can help you meet important deadlines and keep your case on schedule.Who Is Responsible for Paying the Judgment in a Georgia Wrongful Death Case?The party accused of causing the wrongful death, also known as the defendant, pays the judgment following a successful Georgia wrongful death case. Unlike a criminal case, where a conviction can lead to prison time, liability in a civil wrongful death claim is expressed only in monetary terms. Furthermore, the standard of proof is lower in a wrongful death claim than it is in a criminal case. You do not have to prove beyond a reasonable doubt that the defendant caused your loved one\u2019s death, but rather that they more likely than not did so based on the preponderance of the evidence. So, if you can demonstrate to the court that a defendant is responsible for your loved one\u2019s death, you may be able to recover financial compensation for your losses.Where Does the Money Go in a Wrongful Death Case?Certain surviving family members and\/or an accident victim\u2019s estate can bring claims for compensation when an accident victim dies.\u00a0In this article, we discuss how the proceeds of a wrongful death\u00a0claim are distributed.Distribution of Wrongful Death CompensationGeorgia law makes an important distinction between the individuals who\u00a0can bring a wrongful death claim and those who can receive compensation for wrongful death. As a general rule, certain family members will be entitled to share wrongful death compensation even if they are not entitled to bring a wrongful death claim.As we explain in\u00a0Proper People to Bring a Wrongful Death Claim or Estate Claim in Georgia, Georgia law determines\u00a0who is authorized to bring a wrongful death claim. For example, if the decedent was married, his or her spouse is usually the only person who can bring the claim.Even if the victim\u2019s children are not\u00a0authorized to bring the claim, they will share in the recovery of wrongful death compensation. Section 51-4-2(d)(1) of the Georgia Code provides that a wrongful death recovery \u201cshall be equally divided, share and share alike, among the surviving spouse and the children per capita, and the descendants of children shall take per stirpes.\u201dIn plain English, the Georgia Code dictates the following distribution of wrongful death compensation:If the victim\u2019s spouse and no more than two children are still living, they each receive an equal share of the compensation. For example, if the victim has two children and a surviving spouse and the amount available for distribution is $600,000, the spouse and each child would receive $200,000.If the victim\u2019s spouse is not alive but the victim\u2019s children are still living, each child receives an equal share of the compensation. If the amount available for distribution is $600,000 and the victim had two children who are still living, each child would receive $300,000.If any of the victim\u2019s children are no longer living, the share that would have been distributed to that child will be distributed equally among the child\u2019s children and grandchildren. For example, if the victim has a surviving spouse, one living child and two grandchildren from a child who died, $600,000 would be divided as follows: $200,000 to the spouse, $200,000 to the surviving child, and $100,000 to each grandchild (each child of the child who died).A special rule applies if the deceased victim had more than two children. Section 51-4-2(d)(2) of the Georgia Code provides that the surviving spouse shall never receive less than a third of the recovery. For example, if the amount available for distribution is $600,000 and the victim has a surviving spouse and three living children, the spouse would receive one-third (or $200,000), leaving $400,000 to be divided equally among the three children (or $133,333.33 each).When a child is a minor and his or her share of the distribution is less than $15,000, the child\u2019s surviving parent will manage the money on the child\u2019s behalf. When the distribution exceeds $15,000, a financial guardian (also known as a guardian of the property) must be appointed to manage the funds until the child turns 18.Wrongful Death Distributions When No Spouse or Children SurviveWhen no spouse or children are alive at the time of the victim\u2019s death, the deceased accident victim\u2019s surviving parents are entitled to wrongful death compensation. Section 19-7-1(c)(2) provides that the parents will share the compensation equally if they are still married or living together. If only one parent is living, that parent will receive all the compensation.If both parents are still living but are divorced or living apart, section 17-7-1(c)(6) permits either parent to ask a judge to apportion the compensation \u201cfairly\u201d between the two parents after collecting evidence about the victim\u2019s relationship with each parent. This request must be filed prior to a trial in the wrongful death case.It is rarely wise to ask a judge to make that apportionment because it may lead to damaging evidence that the defendant\u2019s insurance defense lawyer will use against the parents at the wrongful death trial. To avoid the risk that the jury will reduce compensation based on disturbing evidence that it hears about the parents, it is nearly always wise for parents to agree to share the compensation equally.When no spouse, children, or parents survive the deceased victim, a wrongful death claim may be brought by the victim\u2019s estate. In addition, the victim\u2019s estate can bring its own claim to recover the victim\u2019s medical and burial expenses, and for pain and suffering that the victim experienced prior to death. When the estate brings a claim, compensation is distributed according to the victim\u2019s Will. If the victim died without a Will, compensation is distributed according to Georgia law in the same way that other property is distributed when the deceased had no Will.If you have more questions about the distribution of compensation for a wrongful death claim in Georgia, contact Butler Kahn. Our experienced Atlanta, GA wrongful death lawyers can provide the help you need.Contact a Georgia Wrongful Death Lawyer TodayIf you\u2019ve lost a loved one due to someone else\u2019s negligence or misconduct, you shouldn\u2019t have to shoulder the financial consequences. Contact the Georgia wrongful death lawyers at the Butler Kahn today to learn more about your legal options in a free initial case review."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/butlerfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Who Gets the Money in a Wrongful Death Lawsuit in Georgia?","item":"https:\/\/butlerfirm.com\/blog\/who-gets-the-money-in-wrongful-death-lawsuit\/#breadcrumbitem"}]}]