# Alpharetta Wrongful Death Lawyer | Available 24/7 **Table of Contents***[*Expand*]* 1. What is Considered Wrongful Death? 2. Who Can File a Wrongful Death Lawsuit in Georgia? 3. What Elements Must You Prove to Succeed in a Wrongful Death Lawsuit in GA? 4. Compensation for Wrongful Death 5. Why Hire our Alpharetta Wrongful Death Attorney? [![David M. Van Sant, Owner and Attorney at Van Sant Law](https://www.vansantlaw.com/wp-content/uploads/2026/02/david-m-van-sant-headshot-5.jpeg)](https://www.vansantlaw.com/team/david-m-van-sant/) Reviewed By [David M. Van Sant](https://www.vansantlaw.com/team/david-m-van-sant/) Owner, Attorney Last Reviewed: March 2026 Losing a loved one is one of the most painful experiences life can bring—especially when their death was caused by someone else’s negligence or intentional act. At Van Sant Law, we provide compassionate and aggressive legal representation for families in Alpharetta who are facing the unimaginable. If you believe your loved one’s death could have been prevented, an experienced Alpharetta wrongful death lawyer from our team is here to help you pursue justice and secure the compensation you deserve. ## What is Considered Wrongful Death? Under Georgia law, a wrongful death occurs when a person dies due to the negligent, reckless, intentional, or criminal actions of another party. This can happen in a wide variety of circumstances, including: - Car, truck, or motorcycle accidents caused by another driver - Medical malpractice, including surgical errors or misdiagnosis - Workplace accidents due to unsafe conditions - Defective products or dangerous drugs - Criminal acts such as assault or homicide - Nursing home abuse or neglect Wrongful death claims are civil lawsuits that seek to hold responsible parties accountable by obtaining financial compensation for the surviving family members. These claims are separate from any criminal charges the at-fault party may face. For a free legal consultation with a wrongful death lawyer serving Alpharetta, call [770-886-9199](tel:+17708869199) ## Who Can File a Wrongful Death Lawsuit in Georgia? Georgia has specific laws outlining who can file a wrongful death claim. According to Georgia Code § 51-4-2, the following individuals are eligible: - **The Surviving Spouse:** The deceased’s spouse has the primary right to file a claim. If there are surviving children, the spouse must represent their interests as well. - **The Children of the Deceased**: If there is no surviving spouse, the deceased’s children can file the wrongful death lawsuit. - **Parents of the Deceased:** If the deceased was unmarried and had no children, the parents may bring the claim. - **Estate Representative:** If none of the above apply, the administrator of the deceased’s estate can file a wrongful death claim on behalf of the next of kin. An Alpharetta wrongful death attorney from Van Sant Law can help determine who has the legal right to bring a claim and guide the family through the filing process. Alpharetta Wrongful Death Lawyer Near Me [770-886-9199](tel:+17708869199) ## What Elements Must You Prove to Succeed in a Wrongful Death Lawsuit in GA? To successfully recover damages in a wrongful death case in Georgia, the plaintiff must prove the following elements: 1. **Duty of Care:**The defendant had a legal obligation to act with reasonable care toward the deceased. For example, drivers have a duty to follow traffic laws and drive safely. 2. **Breach of Duty:**The defendant failed to meet their duty of care. This might involve actions such as speeding, ignoring safety protocols, or failing to diagnose a medical condition. 3. **Causation:**The breach of duty directly caused the death. There must be a clear link between the defendant’s actions and the loss of life. 4. **Damages:**The death resulted in measurable losses for the surviving family members, including financial hardship, loss of companionship, and more. [Click to contact](https://www.vansantlaw.com/contact-us/) our Personal Injury Lawyers in Alpharetta today ## Compensation for Wrongful Death Georgia law provides for two distinct types of wrongful death claims: ### The Full Value of the Life of the Deceased Filed by the surviving family, this claim seeks compensation for: - Lost wages and benefits the deceased would have earned - Loss of care, companionship, and other intangible benefits ### The Estate Claim Filed by the estate representative, this claim seeks compensation for: - Medical expenses related to the final injury or illness - Funeral and burial costs - Pain and suffering the deceased endured before death The total amount of compensation will depend on the specific facts of your case, but an experienced wrongful death attorney can help maximize the amount you recover. Complete a [Free Case Evaluation form](https://www.vansantlaw.com/contact-us/) now ## Why Hire our Alpharetta Wrongful Death Attorney? Navigating a wrongful death lawsuit can be legally and emotionally overwhelming. At Van Sant Law, we are committed to providing personalized, compassionate legal support during your most difficult time. When you work with our firm, you can expect: - Clear communication throughout your case - Thorough investigation and case preparation - Skilled negotiation with insurance companies - Aggressive litigation when necessary - No legal fees unless we win your case Our team is deeply familiar with Georgia’s wrongful death laws and has a proven track record of helping Alpharetta families get the justice they deserve. Call or text [770-886-9199](tel:+17708869199) or complete a [Free Case Evaluation form](https://www.vansantlaw.com/contact-us/) --- Source: https://www.vansantlaw.com/alpharetta-ga/wrongful-death-lawyer/