What is Considered Wrongful Death?
Under Florida law, wrongful death occurs when a person’s life is taken due to the negligent, reckless, or intentional actions of another individual, business, or entity. Essentially, if the deceased could have filed a personal injury claim had they survived, their family may have the right to file a wrongful death lawsuit.
Examples of incidents that may give rise to wrongful death claims in Gainesville include:
- Motor vehicle accidents caused by drunk, distracted, or reckless drivers
- Medical malpractice, such as surgical errors or misdiagnosis
- Workplace accidents caused by unsafe conditions or employer negligence
- Defective products that lead to fatal injuries
- Nursing home abuse or neglect resulting in loss of life
- Criminal acts, including assault or other intentional harm
Every wrongful death case is unique, and determining whether your circumstances qualify requires a careful legal review. Our attorneys are committed to evaluating your case and explaining your family’s legal rights.
Who Can File a Wrongful Death Lawsuit in GA?
Georgia law specifies which family members have the legal right to file a wrongful death claim. According to the Official Code of Georgia Annotated (O.C.G.A. § 51-4), the following individuals may pursue a claim:
- The surviving spouse – has the first right to file, and if there are minor children, the spouse must represent their interests as well.
- Children of the deceased – if there is no surviving spouse, the children may file directly.
- Parents of the deceased – if the deceased was unmarried and had no children, the parents may bring the claim.
- The estate representative – if no family members qualify, the administrator of the estate may file, with any compensation benefiting the next of kin.
This structured order ensures that the closest relatives are prioritized in pursuing justice.
Compensation for Wrongful Death
While no amount of money can ever replace a loved one, wrongful death compensation is designed to ease the financial burdens families face after a tragic loss. A knowledgeable Gainesville wrongful death lawyer will work to recover damages such as:
- Medical expenses related to the deceased’s final injury or illness
- Funeral and burial costs
- Loss of financial support the deceased would have provided
- Loss of household services, including childcare and caregiving
- Loss of companionship, protection, and guidance for spouses and children
- Mental and emotional suffering experienced by surviving family members
In some cases, courts may also award punitive damages if the death was caused by gross negligence or intentional misconduct. These damages are meant to punish wrongdoers and discourage similar behavior in the future.
At Van Sant Law, we take the time to carefully calculate the full extent of your losses, ensuring that your claim truly reflects the impact on your family’s life.
Speak with a Gainesville Wrongful Death Attorney Today
At Van Sant Law, we know the pain and uncertainty that follow a wrongful death. Our mission is to fight for your family’s rights and provide the legal support you need during this difficult time. If you have lost a loved one due to someone else’s negligence in Gainesville, GA, you don’t have to face the legal process alone.
Reach out today to take that first step to getting justice for your loved one.
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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$110,000 $110k for Car Accident Client With Back and Neck Pain
For Car Accident Client With Back and Neck Pain
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$100,000 $100k Policy Limit Settlement for Motor Vehicle Accident With Back Injury
Policy Limit Settlement for Motor Vehicle Accident With Back Injury
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$1,000,000 $1.0 Million for Client With Significant Leg Injury
Client With Significant Leg Injury
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$140,000 $140k for Man Injured When He Was Assaulted by Employee of Large Retail Store
For Man Injured When He Was Assaulted by Employee of Large Retail Store
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$100,000 $100k for Woman Who Suffered Neck & Back Pain After Rear-End Collision
For Woman Who Suffered Neck & Back Pain After Rear-End Collision
Wrongful Death FAQs
How long do I have to file a wrongful death claim in Georgia?
The statute of limitations in Georgia is typically two years from the date of death. However, certain factors, such as criminal investigations or estate matters, may extend or shorten this period. It’s important to act quickly to protect your rights.
Do I need to prove negligence in a wrongful death case?
Yes. To succeed, you must show that the at-fault party owed a duty of care, breached that duty through negligence or wrongdoing, and caused the death as a result. Your attorney will help gather and present the necessary evidence.
Can a wrongful death claim be filed if there is also a criminal case?
Absolutely. Wrongful death lawsuits are separate from criminal proceedings. Even if a criminal case is pending or if the at-fault party is not convicted, families can still pursue a civil claim for compensation.
How much is a wrongful death case worth?
The value depends on many factors, including the deceased’s age, income, life expectancy, and the emotional impact on surviving family members. A Gainesville wrongful death lawyer can provide a more accurate estimate after reviewing the details of your case.
What if the deceased was partly at fault?
Georgia follows a modified comparative negligence rule, meaning families can still recover compensation as long as the deceased was less than 50% at fault. However, the damages may be reduced proportionally.
Why Choose Van Sant Law?
Choosing the right attorney can make a profound difference in your case. Our firm offers:
- Compassionate guidance through an emotionally difficult time
- Aggressive advocacy to hold negligent parties accountable
- Experience handling complex wrongful death claims in Gainesville and throughout Florida
- Personalized attention to your family’s unique needs
We understand that wrongful death cases are about more than financial recovery—they are about justice, accountability, and helping families find closure.
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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!
At Van Sant Law, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"David Van Sant has been by my side through it all."
I would like to thank everyone in Van Sant Law for answering any questions that I have in a timely manner. I can personally say, Everyone in deserves recognition for being honest, hard working, ethical, logical, dedicated people. The only reason I rated them 5 stars is because it would not let me go higher!
- Hilary -
"Van Sant Law was the right support to call after my car accident with my daughter."They were referred to me by a close friend of mine. Extremely professional, and asked the language I feel comfortable to discuss my case in. Alex Rusanov was my case manager and explained every aspect of my case during the process. I would highly recommend to use this law firm if you were injured in a car accident. Drive safe and stay alert!- Angela
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"Let the Van Sant team handle your case! You're in good hands."
Attorney David M. Van Sant is one of the best injury trial attorneys here in the Atlanta area. They are precise and unique in their approach. When I had my car accident, my whole world was turned upside down, but with Attorney Van Sant and his team of professionals dedication and quality of service, my life is back on track.
- Crystal -
"They were diligent, timely, and very informative during the whole process."
Van Sant Law worked on my personal injury case, and they have gone above and beyond in representing me as a client. They gave multiple updates throughout the course of the case. I would highly recommend Van Sant to friends and family, and I would choose them as my personal injury attorney if I were to have a personal injury claim. Thank you, Van Sant Law!
- Tyriq R. -
"Very knowledgeable, straight forward and communicated with me every step of the way."
I used Van Sant Law for my auto accident claim and I'm so glad I did! Parker, my attorney, was especially great. He really eased my pain and got me the best settlement possible. I highly recommend Van Sant Law. They did right by me and I'm very happy with their level of service.
- Mark A. -
"Van Sant Law took care of everything."
Back in March I was involved in a rear end collision accident. The are very professional and will do whatever it takes to get the best possible offer when it comes with the insurance. 5/5 will recommend to everyone
- Juan S. -
"I highly recommend him as a personal injury attorney."
My attorney, David Van Sant and his law firm were outstanding in handling my personal injury case. I was out of work for a considerable amount of time due to an automobile accident and Mr. Van Sant and his entire team were always kind, professional, knowledgeable and especially available. This law firm did their absolute best to answer and return calls and at no time did I ever feel like just a number or stranger. My experience with Mr. Van Sant and his law firm (from beginning to end), were very positive as well as favorable.
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"Van Sant is the place to go."
R. Shannon Carpenter is the guy to call! Because of him I got a far larger compensation than I ever expect and the whole process was stress free for me!
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Our firm is dedicated and committed to providing you with the best legal services possible, from your education on the issues to fighting for positive results for your case. Through a free, initial consultation, we will make sure you understand the best way to approach your case, and we’ll review any relevant documents that you provide us with to make sure we have a full, detailed picture of your situation.
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