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Wrongful Death in Georgia FAQ: If my husband or wife is killed in an accident, what role will my adult children play?

Published February 12, 2018 by Bruce Millar

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.

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