In Georgia, just because you bring a wrongful death suit doesn’t mean you are entitled to the full damages that are awarded. O.C.G.A § 51-4-2(d)(1) requires that monetary compensation be distributed in a specific way. If the decedent’s surviving family members include their spouse and no more than two children, the compensation is split equally among them. If the decedent had more than two children, their surviving spouse is still entitled to one-third of the compensation. The remaining portion is to be split equally among the children.
Georgia law can get complicated when it comes to determining who receives compensation for a wrongful death claim. In general, all money awarded through a settlement or jury verdict will be split among eligible family members. This will typically be done by looking at what a person had indicated in their will. If there was no will at the time of death, George law does specify how damages are to be divided amongst survivors.