Atlanta Wrongful Death Attorney

What Is Recoverable in a Wrongful Death Case in Atlanta?

In Georgia, there are two separate claims that can be asserted. The first is the “estate claim,” which permits the recovery of medical expenses, funeral expenses, and any pre-death pain and suffering. The second claim is for the “full value of the life of the decedent,” as determined by the enlightened conscience of the jury. This claim typically belongs to the surviving spouse, but a surviving spouse must share any recovery equally with the surviving children. However, the surviving spouse must be awarded no less than one-third of the recovery. If the deceased was not married, then the surviving children, if any, must bring the claim. If the deceased was not married and did not have any surviving children, then the surviving parents must assert the claim. Finally, if none of the above applies, the estate administrator must file the claim on behalf of the next of kin.

Under Georgia law, the claim for the full value of the life of the deceased is measured by determining the full life as viewed through their eyes. The idea is to quantify the damages by determining the life lost by the decedent, which means the suffering of the family members is not compensable. The full value of the life of the decedent is broken down into two components – first, economic damages (i.e., the quantifiable damages such as the total earnings the person would have earned over their life), and second, noneconomic damages (i.e., the intangible value that cannot be precisely calculated and is up to the jury to decide, based on the circumstances). Our Atlanta wrongful death lawyer will assist you through this process and help relieve the financial burden.

Economic damages include:

• Lost wages and benefits – The income the deceased would have earned throughout their lifetime, including raises, bonuses, and retirement benefits.
• Loss of future financial support – If the deceased was supporting a spouse, children, or other dependents, this considers the long-term financial impact.

Non-economic damages include:

• Loss of companionship and guidance – For spouses, children, and other family members who relied on the deceased for emotional and personal support.
• Loss of care and household services – If the deceased played a critical role in maintaining the household, raising children, or providing caregiving duties.

Additionally, “financial losses incurred by the estate” compensates the deceased’s estate for specific expenses and losses related to the death.

This include:

• Medical Expenses – Covers the cost of any medical treatment the deceased received before passing, such as emergency care, hospital stays, surgeries, and medications.
• Funeral and Burial Costs – Reimbursement for funeral home services, casket, burial or cremation, and related expenses.
• Pain and Suffering Before Death – If the deceased experienced pain and suffering between the time of the injury and their death, compensation may be awarded.
• Other Financial Losses – Any other expenses directly linked to the wrongful death, such as property damage or loss of financial opportunities.

Determining the amount of damages in a wrongful death case involves expert analysis. 

Courts and juries often consider:

• The deceased’s age, health, and life expectancy.
• Earning capacity and career prospects.
• Contributions to family and community.
• The severity of pain and suffering endured before death.

When Must You File a Wrongful Death Case in Georgia?

The statute of limitations for filing a claim is usually two (2) years from the date of your loved one’s death. There are exceptions. However, it is best to consult with a wrongful death attorney in Atlanta for legal advice as early in the process as possible, because most attorneys will not accept a case if too much time has passed. There is generally a vast amount of investigation that needs to be done, so it’s not a good idea to get too close to the two-year deadline.

Van Sant Law, LLC, is a highly qualified personal injury law firm in Atlanta that has successfully represented many clients in wrongful death cases. Our wrongful death lawyers understand the emotional trauma that can result from the loss of a loved one and will take appropriate legal measures to ensure you receive the benefits you deserve. David Van Sant is an experienced trial attorney who gained valuable knowledge as an insurance defense lawyer before starting his own firm to represent individuals who have suffered personal injuries. There are many different types of accidents that can result in a wrongful death. Most commonly, we are asked to investigate wrongful death cases arising out of car crashes and medical negligence claims.

Given the complexity and emotional weight of these cases, it is pivotal to move forward with a knowledgeable legal team. We meticulously review all aspects of the case, from medical records and accident reports to eyewitness testimonies. Our comprehensive approach helps in constructing a strong legal argument that aims to provide some semblance of justice and closure to the victims’ families. Proactively engaging in this process with an experienced Atlanta wrongful death lawyer can prevent the stress of racing against tight legal deadlines.

Contact us today at (800) 234-9556 to schedule a free consultation and speak with our team of experienced wrongful death lawyers in Atlanta.