Kennesaw Wrongful Death Attorney

Who Can File a Wrongful Death Lawsuit in Georgia?

Georgia law strictly defines who may bring a wrongful death claim. Unlike personal injury claims, not just anyone connected to the deceased can file. Typically, the right to file follows this order:

• The surviving spouse – The spouse has the first right to file and must also represent the interests of any minor children.
• Children of the deceased – If no spouse survives, the children may bring the claim.
• Parents of the deceased – If the deceased left behind no spouse or children, the parents may file.
• The estate – If no immediate family members exist, the personal representative of the estate can bring a claim, with damages awarded to the deceased’s next of kin.

It’s also important to note that Georgia has a statute of limitations for wrongful death claims, usually requiring families to file within two years of the date of death. Waiting too long can permanently bar you from pursuing compensation.

Compensation for Wrongful Death

In Georgia, wrongful death claims are designed to compensate for two primary categories of damages:

The Full Value of the Life of the Deceased

This measure focuses on what the deceased lost by dying prematurely. It includes both economic and non-economic aspects, such as:

• Lost wages and benefits the deceased would have earned
• Loss of care, companionship, and guidance
• Loss of experiences and enjoyment of life

Compensation for Financial Losses Related to the Death

In addition to the value of life, families may recover expenses the estate incurred due to the death, such as:

• Medical bills related to the final injury or illness
• Funeral and burial costs
• Other necessary expenses

While money cannot truly compensate for such a profound loss, it can help provide stability during an overwhelming and uncertain time.

Why Choose Van Sant Law For Kennesaw Wrongful Death Cases?

At Van Sant Law, we take every wrongful death case to heart. Our firm combines:

• Compassionate support – We know families are grieving, so we handle legal burdens with sensitivity and respect.
• Aggressive representation – We will not back down from negligent individuals, corporations, or insurance companies that try to minimize liability.
• Proven experience – Our attorneys have a track record of successfully handling wrongful death cases in Kennesaw and throughout Georgia.

We are committed to helping you pursue justice while protecting your family’s future.

How a Wrongful Death Claim in Kennesaw Typically Proceeds

Many families hesitate to reach out because they are unsure what will actually happen if they pursue a claim. The process usually begins with an initial consultation, where your attorney gathers basic information about your loved one, how the death occurred, and what insurance coverage may be available. From there, the legal team investigates by obtaining police or incident reports, medical records, employment information, and any available photographs or video, and may contact witnesses before memories fade. This investigation phase helps clarify what claims can be made and against whom.

Once there is a clear picture of liability and damages, your lawyer will typically present a demand package to the at-fault party’s insurer, explaining the facts of the case, the law, and the losses your family has suffered. In many Kennesaw cases, there will be a period of negotiation with insurance adjusters who may try to minimize their payout. If a fair agreement cannot be reached through negotiation, your attorney can file a lawsuit in the appropriate Cobb County court and move the case toward trial while still exploring resolution opportunities. Throughout this process, your questions should be answered promptly so you can decide whether to accept a settlement offer or continue fighting in court.