Because every case is unique, there is no standard settlement amount in a wrongful death action. The passing of a close family member can impact countless people in many ways, both emotionally and financially. These claims can be challenging to manage without the support of a dedicated wrongful death attorney from Smith Hulsey Law.
When you have questions about Gainesville wrongful death settlements, now is the time to ask them to a well-versed lawyer. The proper legal counsel could help you understand what to expect while also serving as an advocate in your case.
In Georgia, the proceeds of these lawsuits are shared among specific surviving family members of the deceased person. This includes some parties who did not have the right to file the lawsuit on their behalf.
According to state law, any monetary award is shared equally between the surviving spouse and children in most cases. If there is a surviving spouse and two children in Gainesville, each party is entitled to an equal share of the proceeds for a wrongful death settlement. For example, a settlement of $300,000 would result in a payout of $100,000 for each of the three parties.
The process is different if one of the decedent’s children passed away before the fatal accident. In that scenario, that child’s share is split among their surviving children and grandchildren. For example, if one of the heirs left a child and two grandchildren, all three would get an equal share.
There are also special rules when a person has more than two surviving children at the time of their death. Under the law, a spouse can never receive less than one-third of the total amount of the settlement. That means a larger number of offspring will diminish the amount each child inherits. If a parent and three children outlive the decedent, the spouse will keep one-third of the settlement, and the offspring will split equally.
When a wrongful death action is successful, it can result in a wide range of financial compensation. This money can provide surviving relatives with stability while making up for the resources they no longer have access to because of their loved one’s passing.
Every wrongful death lawsuit has the option to seek out compensation for economic losses. These are the out-of-pocket financial costs that follow an unexpected death. Payments may be available for funeral and burial costs, for example. A claim might also cover income the decedent would have earned in Gainesville if they survived, as economic losses are a big part of wrongful death settlements.
Some surviving family members might also be entitled to non-economic losses as well. This includes the emotional harm that comes with losing a close relative unexpectedly. Payments may be available for the loss of companionship, emotional trauma, or the inability to spend time with a parent or spouse in the future.
The unexpected passing of a parent, spouse, or child can be one of the most traumatic events you ever face. By relying on the support of strong legal counsel, you can focus on dealing with your grief instead of a civil lawsuit.
Our experienced attorneys could handle every aspect of your Gainesville wrongful death settlement. Call today to learn more during a consultation.
Smith Hulsey Law