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.
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.
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:
- 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.
- 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.
- 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.
- Damages: The death resulted in measurable losses for the surviving family members, including financial hardship, loss of companionship, and more.
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.
see how we've made a difference
If you are hesitating to call us for help, take a look at our recent case results.
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$1,600,000 $1.6 Million Wrongful Death
Anonymous Wrongful Death Case
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$115,000 $115k Settlement for Individual Struck in the Rear by Intoxicated Driver
Settlement for Individual Struck in the Rear by Intoxicated Driver
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$122,500 $122k for Young Man Involved in a Head-on Collision
For Young Man Involved in a Head-on Collision
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$100,000 $100k Policy Limit Settlement for Client Involved in Car Accident With Shoulder Injuries
Policy Limit Settlement for Client Involved in Car Accident With Shoulder Injuries
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$497,000 $497k Verdict at Trial for an Individual Who Was Struck by a Drunk Driver
Verdict at Trial for an Individual Who Was Struck by a Drunk Driver
Wrongful Death FAQs
How long do I have to file a wrongful death lawsuit in Georgia?
In most cases, the statute of limitations is two years from the date of death. However, certain exceptions can pause this deadline, so it’s important to consult an attorney right away.
Do I need to prove the death was intentional?
No. Wrongful death claims can be based on negligence, such as in a car accident, or on intentional misconduct, such as a violent crime.
Can multiple family members file separate lawsuits?
No. Only one wrongful death claim may be filed, though multiple family members may be represented in that claim.
What if the deceased contributed to the accident?
Georgia follows a modified comparative negligence rule. If the deceased was less than 50% at fault, compensation may still be awarded, but reduced according to their percentage of fault.
Will the case go to trial?
Many wrongful death cases settle out of court. However, if a fair settlement can’t be reached, our legal team is prepared to take your case to trial.
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.
Reach out to us at (800) 234-9556 to schedule a free consultation.
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Proven Record of Results
Van Sant Law has recovered millions in compensation for our clients’ benefit.
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Years of Experience
Van Sant Law is committed to professional and experienced personal injury representation.
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Awards and Accolades
10.0 “Superb” rating on Avvo™, Super Lawyers Rising Stars, National Trial Lawyers Association Top 40 Under 40
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Strategic and Aggressive
Our legal team includes former defense attorneys for large insurers who know how they settle injury claims.
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Personal and Compassionate
Our firm works hard to ensure that your needs are taken care of during your recovery time. We work for you so you can get your life back.
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No Fee Guarantee
Our firm works on a contingency fee basis. Meaning there are no fees or costs unless we recover compensation for you!
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