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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$450K For a Family Who Suffered Serious Injuries in an Automobile Accident
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$850K Settlement for Woman Involved in T-Bone Collision With Resulting Neck Injuries
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$110K For Car Accident Client With Back and Neck Pain
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$250K For Man Who Suffered Neck Injury in Motor Vehicle Accident
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$125K For a Middle-Aged Woman Who Injured Her Elbow in a Car Accident
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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"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!
- Chase V. -
"The team was personable, efficient and guided me through the process with ease."
I had the best experience with VanSant Law. I am forever grateful for Van Sant Law and will use them in the future.
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"I truly felt they were in my corner and had my best interest at heart."
Van Sant Law was just the right people to call after my car accident. They were referred to me by a friend. They were helpful and understanding of my needs and pains. From start to finish they were helpful in explaining the process with the doctors and insurance. Thank you for getting me back on feet.
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"I am beyond grateful for the exceptional service provided by Van Sant Law firm."
From the beginning, they demonstrated a deep understanding of my case and a commitment to achieving the best possible outcome. Their attention to details, professionalism, and expertise was truly remarkable.
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"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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"David and his crew worked so hard to come to a great conclusion on my case."
I was in a car accident with a tractor trailer two years ago and David Van Sant came highly recommended for someone I could talk to about the situation. Best decision I've ever made! He fought for me in ways that was truly amazing. Thank you David, Michael and everyone in the office.
- Mary -
"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.
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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