Q: My dad died last year from injuries resulting from a car accident. Who can be included in the estate for the law suit?
A: If it is a wrongful death claim (I don't know from the facts you give) then your father's spouse will bring the claim, but she must divide the money with all the children. If it is a personal injury claim, then the money goes into your Dad's estate for distribution in accordance with his will, or by intestacy. if he does not have a will. It should be concerning to you that no one has shared this information with you yet.
A:
O.C.G.A. Section 51-4-2 (a) provides: "The surviving spouse or, if there is no surviving spouse, a child or children, either minor or sui juris, may recover for the homicide of the spouse or parent the full value of the life of the decedent, as shown by the evidence." O.C.G.A. Section 51-4-2 (d) provides: "(1) Any amount recovered under subsection (a) of this Code section shall be equally divided, share and share alike, among the surviving spouse and the children per capita, and the descendants of children shall take per stirpes, provided that any such recovery to which a minor child is entitled and which equals less than $15,000.00 shall be held by the natural guardian of the child, who shall hold and use such money for the benefit of the child and shall be accountable for same; and any such recovery to which a minor child is entitled and which equals $15,000.00 or more shall be held by a guardian of the property of such child. (2) Notwithstanding paragraph (1) of this subsection, the surviving spouse shall receive no less than one-third of such recovery as such spouse's share."
This response is intended to provide general information only and not legal advice. It does not establish an attorney client relationship. You should consult an attorney in connection with this matter.
A: Generally, think immediate family.Children of the deceased, spouse of the deceased. Contact a member of the Ga.Trial Lawyers Assn for the county where the wreck happened--they give free consults.
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