Our wrongful death lawyers in Newnan help families investigate fatal accidents, determine who may be legally responsible, and pursue the claims available under Georgia law.
Van Sant Law has represented injured Georgians and their families since 2008. We have recovered hundreds of millions of dollars for our clients, and founding attorney David M. Van Sant brings prior insurance-defense experience that helps us anticipate how insurers may evaluate and defend high-value claims.
If your family lost someone in a preventable accident, our Newnan personal injury lawyers can explain who has the right to bring a claim and what compensation may be available. Contact us today for a free case review.
What Is a Wrongful Death Claim?
Georgia law permits certain surviving family members, and in some circumstances a personal representative, to pursue compensation when a person dies because of another party’s negligence, criminal conduct, or other wrongful act.
The wrongful death claim seeks the full value of the deceased person’s life as shown by the evidence. This is separate from certain claims that may belong to the estate.
A civil wrongful death case can proceed independently of any criminal prosecution arising from the same death.
Who Can File a Wrongful Death Claim?
Georgia law determines who has the right to pursue the wrongful death claim. The answer depends on the deceased person’s surviving family relationships.
For the death of a spouse or parent, the right generally belongs to:
- The surviving spouse.
- The deceased person’s child or children if there is no surviving spouse.
- The administrator or executor in certain cases when no person is entitled to bring the claim under Georgia’s wrongful death statutes.
When a surviving spouse brings the claim and the deceased also left children, the spouse generally represents the children’s interests as well. Georgia law provides that the spouse may not receive less than one-third of the recovery.
Claims Involving the Death of a Child
Georgia has separate provisions governing the wrongful death of a child, including an adult child.
If the deceased child leaves no spouse or child, the parents may have the right to recover the full value of the child’s life. The way the parents share or pursue that right can depend on whether they are married, separated, divorced, or living apart.
Because filing rights are established by statute, we determine who is legally authorized to act before proceeding with a claim.
The Estate May Have a Separate Claim
A wrongful death claim and an estate claim are not the same.
Georgia law permits the personal representative of the estate to seek certain expenses resulting from the final injury and death. Other claims that belonged to the deceased person before death may also survive in appropriate circumstances.
Depending on the facts, an estate claim may include:
- Medical expenses related to the final injury.
- Funeral and burial expenses.
- Other necessary expenses resulting from the injury and death.
- Conscious pain and suffering experienced before death when supported by the evidence.
Determining which losses belong to the wrongful death beneficiaries and which belong to the estate helps prevent important parts of the case from being overlooked.
Evidence Our Newnan Wrongful Death Lawyers May Use to Establish Liability
The evidence needed depends on how the death occurred. A roadway collision, defective product case, and unsafe-property claim each require a different investigation.
Depending on the circumstances, our Newnan wrongful death attorneys may review:
- Police and crash reports.
- Photographs and videos.
- Witness statements.
- Surveillance recordings.
- Vehicle event data.
- Trucking company records.
- Cell phone or electronic records when legally obtainable and relevant.
- Maintenance and inspection documents.
- Employment records.
- Medical and autopsy records.
- Product records.
- Available insurance information.
In some cases, testimony or analysis from accident reconstruction professionals, physicians, economists, or other qualified professionals may also be used.
How Long Do You Have to File a Wrongful Death Lawsuit in Georgia?
Georgia generally applies a two-year limitations period to wrongful death claims. The calculation of that deadline can depend on the circumstances, and some events can affect how the limitation period runs.
For example, Georgia law provides for the tolling of certain tort limitation periods when a claim arises from an alleged crime and a criminal prosecution remains pending, subject to statutory limits. Claims involving government defendants or medical negligence may also be subject to additional rules or procedural requirements.
Because filing rights can be lost when a deadline expires, speak with a wrongful death attorney in Newnan early enough to determine the dates and requirements that apply to your family’s case.
What Families Should Know About Insurance Claims
Some families hesitate to pursue a claim because they do not want to cause financial harm to another individual. That concern is understandable.
In many wrongful death cases, compensation is pursued through insurance coverage. Insurance exists in part to address injuries and losses resulting from covered accidents.
We identify applicable policies and work to hold insurers and responsible parties accountable under Georgia law so your family is not left carrying financial losses caused by someone else’s conduct.
How Van Sant Law Supports Families During a Wrongful Death Claim
You may have very little interest in traveling to an attorney’s office or dealing with paperwork after losing someone close to you. We offer practical ways to make starting a case easier.
Our firm can:
- Handle case-signing documents electronically.
- Arrange an in-home consultation when preferred.
- Communicate directly with insurers on your behalf.
- Help identify available medical or financial resources when applicable.
- Keep you informed about significant developments in the case.
We want you to understand what we are doing, why we are doing it, and which decisions require your input.
Talk With a Wrongful Death Attorney in Newnan
Van Sant Law brings decades of combined legal experience to serious injury and fatal accident claims. We investigate the evidence, identify each potentially liable party, and pursue available insurance coverage and other sources of recovery.
If you have questions about the death of a family member, contact us for a free consultation with a wrongful death lawyer in Newnan. We can review what happened and explain which claims may be available to your family.
