Who Are the Beneficiaries in a Wrongful Death Lawsuit?

The death of a loved one is devastating. In the midst of the grief and pain, there is often logistical stress over the decedent’s estate. In Georgia, a wrongful death lawsuit allows the heirs recover damages from the party who caused the decedent’s death. Let’s explore who the beneficiaries are in Georgia wrongful death cases.

In Georgia, the people who benefit from a wrongful death lawsuit are usually the surviving heirs. Specifically O.C.G.A. § 51-4-21, lays out a clear order of who can recover damages from a wrongful death lawsuit. Georgia law protects the surviving heirs – i.e. the people closest to the decedent. In Georgia, wrongful death beneficiaries may include:

• Spouse: As the primary beneficiary, the spouse can sue for both themselves and any surviving children (i.e. “heirs”).
• Children: If there’s no spouse, or the spouse remarries before suing, the deceased’s children can sue. This includes all biological, adopted, or recognized out-of-wedlock children. The compensation gets evenly split among them.
• Parents: In cases with no spouse or children, the deceased’s parents can sue. This is particularly relevant if the deceased was a minor or an unmarried adult. The wrongful death claim, and subsequent estate assets are typically shared equally between the heirs.
• Estate: If there are no immediate family members, the deceased’s estate’s administrator steps in. The wrongful death settlement becomes an asset of the estate, and is distributed per the terms of the Will or intestacy laws.

Now that we understand who the beneficiaries can be, let’s dive into what kind of financial compensation they might expect from a wrongful death lawsuit.

In a wrongful death lawsuit in Georgia, financial compensation goes beyond just numbers. It’s about recognizing the full impact of the loss of life This means covering the income and benefits your loved one would have provided, medical bills from their illness or injury, and even the funeral and burial costs. But it’s not just about the financial aspects. It’s also about the invaluable things you’ve lost—the companionship, care, and emotional support they brought into your life.

While Georgia’s laws aim to be comprehensive in addressing these losses, it’s important to remember there are certain limits, particularly with punitive damages or cases involving government bodies.

Losing a loved one due to someone else’s negligence or wrongdoing is devastating. You need a legal team that can support you and fight for your rights. At Flanagan Law, we care about you, your family, your story, and getting the justice you and your family deserve. Contact us today for a free consultation and let us help you in this difficult time.