First, I am very sorry for your and your family's loss. You should contact a qualified personal injury attorney in your community to discuss all issues regarding the accident, who can bring the claim and who will receive the proceeds. Getting in touch with an attorney as soon as possible is important. Best wishes to all of you as you deal with this great loss.
Your question itself indicates that you you may not be accurately informed about this matter. Give me a call and we can sort things out.
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The money would go to the child in probate court. He would be the legal heir. There are no set rules on how much you can get in a case.
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Very sorry for this tragic loss. Your post is not clear. Regardless, there are insurance issues at play here. Carriers need to be put on notice and theories of liability need to be addressed. Contact local and qualified litigation counsel asap. Good luck.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com
Were you married? You would need a lawyer as it is unlikely the father will give you a penny. The secret to finding a wrongful death deather is finding one with a low contingency fee, less than 30%, so you end up with the lion's share of the settlement, not the lawyer.
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Only 29% fee deducted.
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You need to speak with an attorney on this claim. Your son is the primary person who has a claim for his father's death. Your son's father is not the primary beneficiary, what that means is your son is the first person in line to receive any recovery.
Call a Georgia attorney today.
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The loss of a loved one is the most difficult experiences any person goes through in their lifetime and the loss of a parent, even though your son was two, was premature and the person who did it should be punished- civilly and criminally. Under Georgia law, one or both of you would have the ability to recover "the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived." O.C.G.A. S 51-4-1. This would be a large amount and insurance carriers tend to low-ball and play games with settlement.
Were you and the son's father married? Either way, this is a very time-sensitive and procedurally challenging case- not difficult, but wrongful death cases require an experienced attorney to make sure you are getting all of the policy limits available- and more- potentially. Your son may receive all of the money and there may need to be a guardian appointed over the proceeds. I wouldn't recommend discussing it much further in this forum
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Your question raises more questions. Is your son the only child of the gentleman that was killed? Was he married when he was killed? Regardless of the answers to these questions what is clear is that if your son's father was killed due to the negligence of the other driver, then your son has a claim. Any money that is obtained on the claim would be your son's if he is the only heir and there is no spouse. Because he is only 2, any settlement would probably best be set up in some type of annuity or structured settlement for his beneift. I would be happy to answer any questions you might have regarding this matter. I practice throughout the state of Georgia and would be happy to help you.
The above is just my opinion based upon the limited facts provided. It is not intended to be offered as legal advice nor is it intended to establish an attorney client relationship. You should seek a consultation either in person or over the phone to discuss any legal issue that you may have raised.
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