Under Georgia law, the surviving spouse can file a wrongful death case if the victim was married. If they were unmarried, their children are next in line to file a claim. (If the children are still minors, their legal guardian may file a claim on their behalf.) If the victim had neither a spouse nor children, their parents could make a claim. When no spouse, children, or parents survived the decedent, their estate may pursue a wrongful death claim, as well as separate claims for the victim’s pain and suffering and medical costs.
If the lawsuit is successful, the settlement will be divided between the surviving spouse and children, with the spouse receiving at least one-third of the award regardless of the number of children. When the estate files a claim, the settlement will be divided among the heirs as dictated by the terms of the victim’s will.