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Law Offices of Shane Smith
Accepting Personal Injury Cases
In Georgia In North Carolina

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Will a wrongful death settlement need to be shared between all surviving family members?


It is a very good possibility that a wrongful death settlement will have to be shared between all the surviving family members. Typically, the decedent’s family such as his or her spouse and children are the family members who share the settlement. However, if there are other family members like nieces, nephews, brothers, sisters, parents, and grandparents who depended on the deceased for financial support, then they may have a share in the settlement as well.

Additionally, if the deceased didn’t have close family members, then the next of kin or the estate of the deceased can file a wrongful death lawsuit in Georgia. Any of the above parties may be able to file a claim for damages, but that does not mean that one single party will receive the entire settlement.

The surviving spouse is first in line for filing this type of claim. However, when there are multiple children and relatives involved, it can be complex and complicate matters. For this reason, it is best if the surviving family members work with a knowledgeable Georgia wrongful death attorney to determine if they have a share in the settlement and what they can expect to recover, such as funeral costs, burial expenses, medical bills, lost wages, loss of future earnings, pain and suffering, and more.

If you believe you have a wrongful death claim in Roswell, please call the Law Offices of Shane Smith for help determining your rights. You can reach attorney Shane Smith at 770-HURT-999 for a free case consultation today.

Shane Smith
Advocate for the Seriously Injured in Georgia