If a person, company, or public entity causes or contributes to the death of a loved one, a claim for wrongful death may arise. However, not just anyone connected to the decedent is able to make a claim in the state of Georgia. Only certain family members, in specific order, may raise the claim in the absence of the others. A surviving spouse may raise a claim. However, if there is no spouse the action falls to children of the decedent, followed by a living parent(s). If no spouse, child, or parent is alive, then the administration of the decedent’s estate is vested with the authority.
Wrong Death Examples
If you are unsure of what constitutes a wrongful death and whether you have a case, speaking to a wrongful death lawyer will help bring clarity to the matter. A wrongful death may occur as the result of any action which causes the unnatural death of an individual. Negligent actions, medical malpractice, nursing home neglect, and unlawful or criminal acts are just some examples of actions which could result in a spouse, child, or parent bringing a wrongful death case.
Sharing of Proceeds
If a spouse is vested with a wrongful death claim, it is that individual’s responsibility to share proceeds among beneficiaries. For example, in a family with a surviving spouse and two children, the spouse would divide proceeds equally three ways. If there is only a spouse and no children the spouse is the sole beneficiary of all proceeds from the wrongful death claim. However, in a family with a spouse and more than two children, the spouse is entitled to retain one third of the proceeds and split the rest equally in accordance with Georgia law, which states the spouse’s share shall never be less than one third.
Wrongful Death Lawyer Georgia
Wrongful death cases are complex, so it is recommended you speak to a lawyer in Georgia with relevant experience. Consultation with a wrongful death lawyer will help you better understand your or the vest person(s) responsibilities when distributing proceeds among beneficiaries. H. Lehman Franklin P.C. specializes in wrongful death cases and can provide those who are vested with distributing proceeds with support and guidance. We practice compassion in everything we do and will treat you and your family with the sensitivity you deserve. Call our offices today if you would like further advice or are seeking consultation with a wrongful death lawyer. You can reach our team during office hours at 912-764-9616, or email firstname.lastname@example.org and a member of our legal team will be in touch.