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The only claim for damages which automatically vests with the decedent's spouse, children or parents is the claim for the ?full value of the life of the decedent.? In addition, the Estate of the decedent may seek to recover the ?funeral, medical and other necessary expenses resulting from the injury or death? of the ...
In case of the death of the defendant, the cause of action shall survive against said defendant's personal representative.
Like a wrongful death lawsuit, you have a maximum of two years to submit a survival action claim. In addition, you can request economic and non-economic damages in a survival action lawsuit. If a loved one dies while a survival action case is underway, the claim becomes a part of this individual's estate.
What is the statute of limitations to bring a wrongful death claim? The statute limitations to file a wrongful death claim in Georgia is usually two years from the date of the deceased's death. O.C.G.A § 9-3-33.
Georgia statute defines the ?full value of life? to be that value ?without deducting for any of the necessary or personal expenses of the decedent had he lived.? Georgia courts have interpreted this to mean both the economic value as well as the intangible value of the decedent's life.
Once a wrongful death case is settled in Georgia, payments will be distributed among the victim's surviving spouse, children, and parents. However, a surviving spouse is entitled to at least one-third of the total settlement amount. The remaining settlement is divided equally among the surviving children or parents.
Under Georgia law, only the victim's surviving spouse, children, and parents can sue for wrongful death. If the victim has no surviving family members, a personal representative may file a wrongful death lawsuit on behalf of the victim's estate.
Georgia law states that in wrongful death claims, recovery is limited specifically to surviving family members; which means only surviving family members have the right to sue.