How Are Wrongful Death Settlements Paid Out?

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In 2017, there were 115 traffic-related fatalities in Fulton County. Other accidents, like slip and falls and medical malpractice, also lead to untimely deaths. The loved ones of the victims of these accidents can seek compensation through wrongful death lawsuits. Find out how the settlements are paid out and what affects the value of a claim.

What Type of Compensation Can You Receive?

Before you learn more about how settlements are paid out, you should know what type of compensation you could receive. All too often, the family of the deceased is left with funeral costs, medical bills, and debt from a lost salary. 

With a wrongful death claim, you can seek money for the medical expenses, funeral expenses, and other related costs. If the victim suffered before they passed away, you may also receive money for their suffering.

You could be eligible to seek compensation for the value of their life. While you might cringe at the idea of putting a monetary value on the life of your loved one, you deserve money for your loss. This type of compensation is often calculated by looking at the loss or parental or spousal support. Additionally, it includes damages that are easier to calculate, such as the lost income of your spouse. The lost income isn't only calculated for the past, but for the future as well. 

The Distribution of the Settlement

In some cases, wrongful death settlements involve multiple parties. This makes the distribution of the settlement difficult. Typically, the way the settlements are paid out depend on the following factors:

Age of the Beneficiary

If a beneficiary is under the age of 18, they cannot receive compensation for wrongful death. Rather, the court will appoint a guardian ad litem to handle the compensation. They will create a trust and make it available to the child at a certain age. 

Legal Capacity of the Beneficiary

If a beneficiary is disabled or otherwise incapacitated, they will not receive their money automatically. Instead, the court will handle the distribution as they handle it with a minor. A guardian ad litem will be appointed.

The Nature of the Relationship 

If there are multiple beneficiaries, the distribution of the settlement depends on each individual's relationship with the deceased. For instance, a spouse will receive more compensation than a surviving child. 

What Balances are Owed

You may not be able to obtain the full settlement value. If your loved one had liens, then those liens must be paid before you will receive the money. Until you pay off outstanding hospital bills and funeral expenses, you must wait for compensation.

It's important to realize that creditors have claims too. If the estate of the deceased has creditors, they could seek money for the debt they are owed. Probate court will handle the situation. Once the creditors are satisfied, the assets can be distributed.

Working with a Lawyer to Get Clarification

If you're still confused about how wrongful death settlements are paid out, you should speak with an experienced attorney. They do more than just represent you in court; they also answer your questions about the whole process. Before you initiate the lawsuit, you should ask them about the structure of the settlement payout and what you might expect. Once you understand how it works, you can move forward and proceed with the lawsuit. 

If you're looking for advice or are ready to get started, call Seay & Felton. Get the guidance you need.