Wrongful death settlements in Georgia are paid out as lump sums or structured payments. A lump sum pays the entire settlement amount at once. A structured settlement divides the payments into smaller amounts paid on a schedule. Georgia wrongful death laws determine who is eligible to receive payments from a wrongful death settlement.
If your loved one sustained a fatal injury due to someone else’s fault, you should have a wrongful death attorney review your legal options for seeking accountability. A settlement may help relieve financial strain and hardship. A wrongful death lawyer with Bayuk Pratt can tell you about wrongful death settlement payouts in Georgia and help you and your family seek financial compensation.
Who Can File a Wrongful Death Claim in Georgia?
Georgia’s wrongful death statute details who can file a wrongful death lawsuit. The first right of action belongs to the deceased’s spouse. If there is no spouse, the deceased’s children can file suit. If there are no children, the deceased’s parents can pursue a case.
When none of these family members survives the deceased, the personal representative or administrator can file a wrongful death lawsuit on behalf of the estate. Any financial compensation recovered will go to the deceased person’s estate.
What Types of Damages Are Covered in a Georgia Wrongful Death Settlement?
A Georgia wrongful death settlement compensates survivors for the “full value of the life of the deceased.” Wrongful death damages typically include:
- Lost financial support the deceased would have provided if not for their death
- The value of lost benefits the deceased would have provided, such as Social Security or a pension
- The value of household services the deceased would have performed, such as home maintenance or childcare
- The loss of the deceased’s companionship, care, and counsel
Often, wrongful death lawsuits are filed in conjunction with a survival action. Survival actions compensate for the harm the deceased suffered before their death and for losses caused to the estate by their death. It can be helpful to think of survival damages as personal injury compensation the deceased could have sought had they lived.
The estate’s administrator must file the survival action. Any compensation recovered is awarded to the estate and distributed to the estate beneficiaries according to the deceased’s will.
Compensation from a survival action may include:
- Medical expenses
- Lost wages from the time of the deceased’s injury until their death
- Funeral costs and burial expenses
- The deceased’s physical, mental, and emotional pain and suffering
- Punitive damages
A knowledgeable wrongful death attorney can help you take the necessary steps to pursue a wrongful death case and a survival action. We can identify your losses and seek a wrongful death settlement that covers all of the recoverable losses.
What Is the Georgia Law on How Wrongful Death Settlements Get Paid Out?
Georgia’s wrongful death statute dictates how a settlement is paid out.
According to the law, wrongful death settlement payouts are split evenly between the surviving spouse and children. However, the surviving spouse is entitled to at least one-third of the recovery. If there are no children, the spouse collects the wrongful death settlement. If there is no spouse, the children divide the settlement equally.
If the deceased person had no surviving spouse or children, the deceased’s parents may collect the money. If the deceased’s children have also passed away, the compensation may go to the deceased’s grandchildren.
Although not mandated by law, payments are usually made as lump sums or as structured settlements. A lump sum gives you immediate access to the money. A structured settlement is paid in installments and can provide a predictable stream of income and financial stability.
Our attorneys can discuss with you which type of settlement is best suited for your circumstances.
How Long Can It Take to Receive a Georgia Wrongful Death Settlement?
The time it takes to settle a wrongful death lawsuit in Georgia depends on the specific facts of the case. Once your case settles, you will typically receive payment within a few weeks to a few months.
Factors that can affect the length of a wrongful death action include:
- The complexity of the investigation – A thorough investigation of your loved one’s fatal accident will take time to complete. Your attorneys will need to gather evidence proving that your loved one’s death occurred due to a defendant’s negligence. If your loved one died in a car accident or other motor vehicle accident, an accident reconstruction may be needed to prove the defendant breached their legal duty by failing to follow traffic laws and their negligence contributed to the death. The more complex the investigation, the longer it will likely take to develop a legal claim. The involvement of multiple potentially liable parties can also make the investigation process more time-consuming.
- The insurance negotiations – Insurance companies often drag out negotiations, delay settlements, or offer lowball payments. Insurers use these tactics to pay as little as possible to resolve claims and increase their profits.
- Whether or not the case goes to trial – If the insurance company refuses to offer you fair compensation to settle the claim, our wrongful death lawyers will be prepared to take your case to trial in civil court and seek compensation. Scheduling and holding a trial will add more time to the legal process. Some wrongful death cases are settled on the eve of a trial or even during the trial.
Are Wrongful Death Settlements Taxable in Georgia?
Most damages in a wrongful death settlement payout are not taxable in Georgia or under federal law. The same is true for a survival action.
Non-taxable compensation includes medical bills, funeral and burial expenses, and pain and suffering.
You may owe taxes on lost income. You may also owe taxes on interest earned through a structured settlement.
Does Georgia Have Caps on Wrongful Death Damages?
Damages are not capped in most Georgia wrongful death cases.
There is a cap on non-economic compensation (pain and suffering) if your loved one’s death was due to medical malpractice. Georgia law limits these damages to $350,000 from one medical facility or $700,000 from two or more facilities.
What Is the Statute of Limitations in Georgia for Filing a Wrongful Death Lawsuit?
The statute of limitations for filing most wrongful death lawsuits in Georgia is two years. If you do not file your case within this amount of time, the court is unlikely to hear your suit.
Our lawyers at Bayuk Pratt can help you get started on your case right away.
Contact a Georgia Wrongful Death Lawyer
Bayuk Pratt has over 50 years of legal experience in the Atlanta area. We have represented many surviving family members after fatal accidents. Our case results include over $2 billion in settlements and verdicts, as well as successful multi-million-dollar wrongful death claims. Our founding partners are former insurance defense attorneys, so we know how insurance companies approach wrongful death cases and how to counter their tactics.
A wrongful death lawyer at Bayuk Pratt can help you seek the highest wrongful death settlement payout possible. Contact us today for a free consultation.
