Wrongful Death in Georgia FAQ: As the surviving spouse, you are first in line to seek recovery through a wrongful death claim. Each child has a right to share equally with you in the recovery that results from the wrongful death claim, whether through a judgment or settlement. As the surviving spouse, however, you will never get less than a third of your net recovery. See, OCGA 51-4-1, et seq. and particularly O.C.G.A. 51-4-2.