[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/butlerfirm.com\/blog\/wrongful-death-settlements-paid-out\/#BlogPosting","mainEntityOfPage":"https:\/\/butlerfirm.com\/blog\/wrongful-death-settlements-paid-out\/","headline":"How Are Wrongful Death Settlements Paid Out?","name":"How Are Wrongful Death Settlements Paid Out?","description":"Losing a family member is devastating. The pain and grief could be even more difficult to deal with if someone else\u2019s actions or failure to act caused the death. The fatal negligence might result in a criminal charge, but a criminal conviction will not provide any financial relief for those left behind. Fortunately, surviving family&hellip; <a class=\"more-link\" href=\"https:\/\/butlerfirm.com\/blog\/wrongful-death-settlements-paid-out\/\">Continue reading <span class=\"screen-reader-text\">How Are Wrongful Death Settlements Paid Out?<\/span><\/a>","datePublished":"2021-12-13","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\/2021\/12\/sad-family.jpg","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2021\/12\/sad-family.jpg","height":666,"width":1000},"url":"https:\/\/butlerfirm.com\/blog\/wrongful-death-settlements-paid-out\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=h-LGWYIzTM0#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=h-LGWYIzTM0","name":"LAWYER: Who Gets the Money in a Wrongful Death Case?","description":"People often wonder who will get paid after a wrongful death claim has been filed. In this video, we discuss how the money recovered from wrongful death claims are distributed among the deceased person\u2019s loved ones and family. We also discuss how wrongful death claims differ from estate claims and how the funds are distributed for each.  \n\nFor more information on wrongful death cases, visit https:\/\/butlerfirm.com\/georgia-wrongful-death-lawyers\/ \n\n\u2757DISCLAIMER\u2757\n\nWe are not your lawyer. All content provided is for informational purposes only and not for the purpose of providing legal advice. Any verdicts, settlements or other case results discussed are not guaranteed and must be evaluated on their own merits.\n\nButler Kahn: https:\/\/butlerfirm.com\/\n\nAtlanta, Georgia location:\nhttps:\/\/maps.app.goo.gl\/Y3fCFkRVAn7jzGD16\n\nLawrenceville, Georgia location:\nhttps:\/\/maps.app.goo.gl\/PaShwcicz5DQDFsD6\n\nRoswell, Georgia location:\nhttps:\/\/maps.app.goo.gl\/uTVtgfq3RspJ5QQbA\n\nJonesboro, Georgia location:\nhttps:\/\/maps.app.goo.gl\/Jr2umQB8o32QaaRK6\n\nFREE GUIDES\nWhat To Do After a Car Accident: https:\/\/butlerfirm.com\/georgia-car-accident-lawyers\/what-to-do-after-an-accident\/\nShould I Hire an Accident Lawyer: https:\/\/butlerfirm.com\/atlanta-car-accident-lawyers\/when-needed\/\nGeorgia Wrongful Death Statute Explained: https:\/\/butlerfirm.com\/blog\/georgia-wrongful-death-statute-explained\/\n\nJOIN US ON SOCIAL MEDIA\nFacebook: https:\/\/www.facebook.com\/butlerfirmllc\nTwitter: https:\/\/twitter.com\/Butler_Firm\nInstagram: https:\/\/www.instagram.com\/butler_law_firm\/\nLinkedIn: https:\/\/www.linkedin.com\/company\/butlerfirm\/\n\nSEE OUR REVIEWS \nGoogle: https:\/\/search.google.com\/local\/reviews?placeid=ChIJoR24iRoG9YgRSH8GpDMLiMQ\nFacebook: https:\/\/www.facebook.com\/butlerfirmllc\/reviews\/","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/h-LGWYIzTM0\/default.jpg","https:\/\/i.ytimg.com\/vi\/h-LGWYIzTM0\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/h-LGWYIzTM0\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/h-LGWYIzTM0\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/h-LGWYIzTM0\/maxresdefault.jpg"],"uploadDate":"2021-03-11T19:10:16+00:00","duration":"PT2M36S","embedUrl":"https:\/\/www.youtube.com\/embed\/h-LGWYIzTM0","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=h-LGWYIzTM0#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=h-LGWYIzTM0#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=h-LGWYIzTM0&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=h-LGWYIzTM0#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":878}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=h-LGWYIzTM0#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":8}]},"about":["Wrongful Death"],"wordCount":896,"articleBody":"Losing a family member is devastating. The pain and grief could be even more difficult to deal with if someone else\u2019s actions or failure to act caused the death. The fatal negligence might result in a criminal charge, but a criminal conviction will not provide any financial relief for those left behind.Fortunately, surviving family members could potentially pursue a civil wrongful death claim against the party responsible for their loved one\u2019s death. This compensation could include funeral and burial expenses, lost earnings, loss of emotional support, and more.How Are Wrongful Death Settlements Paid Out?Once a wrongful death case is settled in Georgia, payments will be distributed among the victim\u2019s surviving spouse, children, and parents. However, a surviving spouse is entitled to at least one-third of the total settlement amount. The remaining settlement is divided equally among the surviving children or parents.\u00a0At Butler Kahn, our Georgia wrongful death lawyers have extensive experience helping families seek justice and compensation when they\u2019ve lost a loved one due to someone else\u2019s negligence. To ensure everyone who needs our assistance can afford it, we won\u2019t charge anything for our services unless and until we win your case.You can learn more about our wrongful death claim services by contacting us for a free initial consultation.                            What Is a Georgia Wrongful Death Claim and Who Can Bring One?Under Georgia\u2019s wrongful death law, wrongful death is any death resulting from a criminal act or negligence, regardless of whether the negligent act or failure to act rises to the level of a crime. In other words, if someone\u2019s negligent actions or failure to act resulted in someone\u2019s death, the surviving family and heirs could pursue compensation for their losses.Surviving family members could potentially seek compensation if their loved one died due to a:Car accidentTruck or 18-wheeler crashPedestrian accidentsBicycle accidentsDefective products, including prescription medicationsMedical malpracticePremises liability injuries (for example, slip-and-fall accidents)Intentional acts of violenceGeorgia law limits who can collect compensation for wrongful death to:The deceased\u2019s spouse \u2014 The deceased\u2019s surviving spouse has the first chance to file a wrongful death claim under Georgia law. If the deceased was divorced at the time of death, the former spouse is not eligible to file a wrongful death claim.The deceased\u2019s children \u2014 After the deceased\u2019s surviving spouse, any surviving children have the next chance to file a wrongful death claim. The deceased\u2019s surviving children can file a claim only if there is no surviving spouse.The deceased\u2019s parents \u2014 If the deceased has no surviving children and no surviving spouse, then their parents are eligible to file a wrongful death claim.The representative of the deceased\u2019s estate \u2014 Lastly, the administrator or representative of the deceased\u2019s estate can file a wrongful death claim if there is no surviving spouse and no surviving children or parents. In cases where the deceased\u2019s estate representative files a claim, the estate collects any compensation recovered in the claim divides it among the deceased\u2019s next-of-kin.These four groups are the only parties eligible to file a wrongful death claim in Georgia. If someone else in the deceased\u2019s family wishes to file a wrongful death claim, they\u2019ll have to go through one of the family members listed or the administrator of the deceased\u2019s estate.Please note, there is a Statute of Limitations on how long you have to file your wrongful death claim. In Georgia, that time is two years.Georgia Law on How Wrongful Death Claims Are PaidUnder Georgia\u2019s wrongful death laws, here\u2019s how claims are paid out, depending on who filed the claim and who among the deceased\u2019s eligible relatives are alive to recover compensation:If the deceased has a surviving spouse but no surviving children, the surviving spouse will collect all the money recovered in the claim.If the deceased has a surviving spouse and surviving children, the spouse receives one-third of whatever compensation\u2019s recovered, while the surviving children split the rest.If the deceased has surviving parents and no surviving spouse or children, the surviving parents will split the compensation equally.If the deceased has no surviving spouse, children, or parents, the estate will divide the proceeds among the deceased\u2019s next-of-kin.How Does a Georgia Wrongful Death Lawyer Get Paid?In wrongful death cases in Georgia, the lawyer for whoever filed the claim is paid the same way they would be in any other personal injury case. Assuming the case reaches a successful resolution for the plaintiff, the law firm\u2019s fee is usually a percentage of whatever compensation is recovered in the claim. However, if no compensation is awarded, the client generally does not owe their attorney any fees.Our Georgia Wrongful Death Law Firm Is Ready to HelpButler Kahn provides compassionate and knowledgeable legal services to families who\u2019ve lost loved ones in preventable accidents in Georgia. We know what you\u2019re going through, and we know that you need qualified counsel on your side during this difficult time.Let us help you find the time and resources to grieve your loss and heal with your family. Call us for a free initial consultation whenever you and your family are ready to discuss your legal options.{\"@context\":\"https:\/\/schema.org\",\"@type\":\"FAQPage\",\"mainEntity\":[{\"@type\":\"Question\",\"name\":\"What Is a Georgia Wrongful Death Claim and Who Can Bring One?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"Under Georgia\u2019s wrongful death law, wrongful death is any death resulting from a criminal act or negligence, regardless of whether the negligent act or failure to act rises to the level of a crime. In other words, if someone\u2019s negligent actions or failure to act resulted in someone\u2019s death, the surviving family and heirs could pursue compensation for their losses.\\n\\nSurviving family members could potentially seek compensation if their loved one died due to a:\\n\\n* Car accident\\n* Truck or 18-wheeler crash\\n* Pedestrian accidents\\n* Bicycle accidents\\n* Defective products, including prescription medications\\n* Medical malpractice\\n* Premises liability injuries (for example, slip-and-fall accidents)\\n* Intentional acts of violence\\n\\nGeorgia law limits who can collect compensation for wrongful death to:\\n\\n* The deceased\u2019s spouse \u2014 The deceased\u2019s surviving spouse has the first chance to file a wrongful death claim under Georgia law. If the deceased was divorced at the time of death, the former spouse is not eligible to file a wrongful death claim.\\n* The deceased\u2019s children \u2014 After the deceased\u2019s surviving spouse, any surviving children have the next chance to file a wrongful death claim. The deceased\u2019s surviving children can file a claim only if there is no surviving spouse.\\n* The deceased\u2019s parents \u2014 If the deceased has no surviving children and no surviving spouse, then their parents are eligible to file a wrongful death claim.\\n* The representative of the deceased\u2019s estate \u2014 Lastly, the administrator or representative of the deceased\u2019s estate can file a wrongful death claim if there is no surviving spouse and no surviving children or parents. In cases where the deceased\u2019s estate representative files a claim, the estate collects any compensation recovered in the claim divides it among the deceased\u2019s next-of-kin.\\n\\nThese four groups are the only parties eligible to file a wrongful death claim in Georgia. If someone else in the deceased\u2019s family wishes to file a wrongful death claim, they\u2019ll have to go through one of the family members listed or the administrator of the deceased\u2019s estate.\\n\\nPlease note, there is a Statute of Limitations on how long you have to file your wrongful death claim. In Georgia, that time is two years.\"}},{\"@type\":\"Question\",\"name\":\"Georgia Law on How Wrongful Death Claims Are Paid\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"Under Georgia\u2019s wrongful death laws, here\u2019s how claims are paid out, depending on who filed the claim and who among the deceased\u2019s eligible relatives are alive to recover compensation:\\n\\n* If the deceased has a surviving spouse but no surviving children, the surviving spouse will collect all the money recovered in the claim.\\n* If the deceased has a surviving spouse and surviving children, the spouse receives one-third of whatever compensation\u2019s recovered, while the surviving children split the rest.\\n* If the deceased has surviving parents and no surviving spouse or children, the surviving parents will split the compensation equally.\\n* If the deceased has no surviving spouse, children, or parents, the estate will divide the proceeds among the deceased\u2019s next-of-kin.\"}}]}"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/butlerfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"How Are Wrongful Death Settlements Paid Out?","item":"https:\/\/butlerfirm.com\/blog\/wrongful-death-settlements-paid-out\/#breadcrumbitem"}]}]