If your family has gone through the tragedy of the loss of a loved one, we offer our sincere condolences. Our compassionate wrongful death lawyers in Atlanta take care of the legal aspects of your claim so you can focus on yourself and your family.
Since 2008, at Van Sant Law, LLC, we have been serving injured victims and families. Our Atlanta personal injury lawyers will help you rebuild your life after a tragic loss. We listen to your experience. Together, we will protect the memory of your loved one. Call today for a free consultation.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action brought when someone dies due to the negligent, reckless, intentional, or criminal actions of another party. The purpose of the lawsuit is to seek compensation for the losses suffered by the deceased’s surviving family members or estate.
To succeed in a wrongful death lawsuit in Georgia, our team will prove the following elements:
- Duty of care: The defendant had a legal duty to act reasonably and avoid causing harm to the deceased.
- Breach of duty: The defendant failed to fulfill their duty through negligence, recklessness, or intentional misconduct.
- Causation: The breach of duty directly caused or significantly contributed to the victim’s death.
- Damages: The death resulted in measurable losses, such as financial, emotional, or other damages.
Who Can File a Wrongful Death Case in Atlanta?
Under O.C.G.A. § 51-4-2, the surviving spouse generally has the right to bring a wrongful death claim for the death of a spouse. If there is no surviving spouse, the decedent’s child or children may bring the claim.
If no person is entitled to bring a claim under the applicable wrongful death statutes, O.C.G.A. § 51-4-5 provides for an administrator or executor to bring an action for the benefit of the next of kin.
What Is Recoverable in a Wrongful Death Case in Atlanta?
Georgia recognizes separate categories of claims following a death. One is the statutory wrongful death claim for the “full value of the life of the decedent.” Another may be an estate claim brought by the personal representative. The claims can arise from the same accident but compensate for different losses.
Under O.C.G.A. § 51-4-1, the “full value of the life of the decedent” is determined without deducting the necessary or personal expenses the decedent would have incurred had they lived.
“Georgia’s wrongful death law allows families to recover the full value of their loved one’s life — not just lost wages, but the economic and intangible value of the life that was lost,” said David M. Van Sant of Van Sant Law.
Economic Damages
- Lost wages and earning capacity: Evidence may be used to establish the economic value of the decedent’s life, including expected future earnings.
- Lost financial contributions: The circumstances of the decedent’s work, career, and financial contributions may be relevant.
- Household contributions: The evidence may also address services and other contributions the decedent made during life.
Non-Economic and Intangible Damages
- Loss of companionship and guidance: The circumstances of the decedent’s life and relationships may be relevant to the intangible component of the wrongful death recovery.
- Loss of care and household services: Evidence concerning the decedent’s role in the household may help establish the value of the life that was lost.
- The full value of the life lost: Georgia law permits the fact finder to consider both economic and intangible elements rather than reducing the claim to a simple calculation of wages.
“Loss of consortium” is a related but distinct legal concept and should not automatically be treated as a separate element of every wrongful death recovery. O.C.G.A. § 9-3-33 provides a four-year limitations period for actions involving loss of consortium.
Our Atlanta Wrongful Death Attorneys Fight for the Best Possible Outcome for Your Case
At Van Sant Law, our wrongful death attorneys in Atlanta investigate what happened, identify every potentially liable party, and work to pursue all available sources of compensation. Our founding attorney’s previous experience representing insurance companies and major motor carriers gives us insight into how insurers may approach these claims.
Our wrongful death legal team has secured notable case results, including:
- $7 million in a wrongful death case
- $5 million in a wrongful death case
- $1.6 million in a wrongful death case
We take the time to understand your circumstances and build a legal strategy around your needs. Make the Right Call and contact our team to discuss your family’s legal options.
The Difference Between Estate Claims and Survival Actions
When someone dies because of an accident or another person’s negligence, there may be more than one type of legal claim. A wrongful death claim seeks damages for the losses suffered by the surviving family members. An estate claim or survival action, on the other hand, is based on the legal rights and claims the deceased person had before death.
A survival action allows the deceased person’s estate to pursue certain claims that existed before the person died. The personal representative of the estate generally handles this type of claim.
An estate claim is different from a wrongful death claim. A wrongful death action focuses on the full value of the deceased person’s life and the losses suffered by the legally recognized beneficiaries. Our Atlanta wrongful death attorneys offer clear legal guidance.
When Must You File a Wrongful Death Case in Georgia?
The statute of limitations for filing a wrongful death case is generally two years, according to O.C.G.A. § 9-3-33; although exceptions and special rules can apply. The deadline should not be treated as a target date. A wrongful death investigation can require a lot of time and work. The sooner you call us, the more time we have to work on your case.
Exceptions to the Standard Statute of Limitations
Government vehicles require additional caution. Claims against a city, county, or the State of Georgia may require an ante litem notice before filing a lawsuit.
For example, O.C.G.A. § 36-33-5 governs notice for certain claims against municipalities, while O.C.G.A. § 50-21-26 governs notice under the Georgia Tort Claims Act. The deadlines and notice requirements differ, and failure to comply can prevent the claim from proceeding.
For a state claim, the Georgia Tort Claims Act generally requires ante litem notice within 12 months, and the statute imposes specific requirements concerning the recipient and contents of the notice.
What Our Atlanta Wrongful Death Lawyers Do in the First 72 Hours After a Fatal Accident
The first few days after a fatal accident are crucial to protect the value of your claim. Our early work may include:
- Family notification and communication: We work with your family to understand who may have legal authority to bring the available claims and what immediate concerns need attention.
- Estate opening: When an estate claim is necessary, we help coordinate the legal process for identifying or qualifying the appropriate personal representative.
- Insurance hold letters: We can send preservation and evidence-hold correspondence to insurers, trucking companies, employers, vehicle owners, and other potentially responsible parties.
- Scene preservation: We work quickly to identify photographs, video, vehicle data, electronic records, physical evidence, witness information, and other evidence that could disappear or be overwritten.
- Accident investigation: We review available police materials and begin identifying the facts that may establish how the crash happened and who may be responsible.
This early work is particularly important in commercial-vehicle cases, where trucking companies and their insurers may possess electronic logs. Van Sant Law’s experience with insurance defense and commercial carriers helps us understand the types of records that may need to be preserved.
Atlanta Hospitals and Fatal Accident Evidence
Families dealing with a serious Atlanta crash may encounter hospitals such as Grady Memorial Hospital and Piedmont Atlanta. Grady’s Marcus Trauma Center is Atlanta’s nationally verified Level I trauma center, while Piedmont Atlanta provides 24-hour emergency services and comprehensive medical and surgical care.
Medical records are important evidence in a wrongful death or survival claim. They may document the nature of the injuries, emergency treatment, surgeries, medications, prognosis, and the period between the accident and death.
Atlanta Fatal Crash Investigations and Police Reports
When a fatal collision occurs within the City of Atlanta, the Atlanta Police Department’s Accident Investigations Unit may investigate the crash. The Unit responds to fatal collisions and investigates the circumstances surrounding the crash. Information released during an active investigation may be preliminary and subject to change.
Families and attorneys can request APD records through the department’s Open Records process. For an accident report, a statement of need may be required under Georgia law. APD’s Central Records Unit can also provide police reports.
Fatal Atlanta Roads
Atlanta’s major transportation corridors carry heavy traffic and have experienced serious and fatal crashes. GDOT crash data has been used in transportation-safety studies involving the Atlanta interstate system, including I-285 and I-75/I-85.
Downtown Atlanta transportation planning based on GDOT crash data has also identified concentrated crash activity around interstate corridors and heavily traveled streets, including I-75/I-85 and Peachtree Street.
If the person or vehicle responsible for a fatal collision does not have enough liability insurance, uninsured/underinsured motorist coverage may provide another potential source of compensation, under O.C.G.A. § 33-7-11.
Filing a Wrongful Death Claim in Fulton County State Court or Superior Court
Wrongful death litigation arising from an Atlanta accident may proceed in Fulton County State Court or Superior Court when the chosen court has jurisdiction over the action. Fulton County State Court handles civil litigation including wrongful death and serious personal injury cases. Fulton County Superior Court handles civil disputes and other matters within its broader jurisdiction.
In Fulton County, civil filings can generally be submitted electronically through Odyssey eFileGA. The civil e-filing system allows users to open cases and file documents online.
A wrongful death filing generally begins with preparing and filing a complaint identifying the plaintiff, defendants, legal claims, and requested relief, along with the required filing information and summons. After filing, the defendants must be properly served. Our experienced wrongful death lawyers in Atlanta will guide you through the process.
Contact Our Wrongful Death Attorneys Now if Your Loved One Was Killed by Someone Else’s Negligence
Wrongful death attorney David Van Sant is a Georgia Super Lawyers® Rising Star℠ and is a member of the National Trial Lawyers Top 40 Under 40. Over the years, we have secured our clients millions of dollars in verdicts and settlements, earning us a place in the Multi-Million Dollar Advocates Forum®.
Should you choose to work with our Atlanta wrongful death lawsuit lawyers, we will fight to secure justice for your family and hold the responsible person accountable for what they have done. We never settle a case unless the client is happy with the result; that is the Van Sant Law client satisfaction guarantee.
Your Questions, Answered
Can Wrongful Death Claims Be Resolved Through Settlement Negotiations?
Yes, many wrongful death claims in Georgia are resolved through settlement negotiations without going to trial. Settlements can provide a faster resolution and help families avoid the stress and unpredictability of a courtroom trial. The amount offered in a settlement may not reflect the full value of the claim.
An Atlanta wrongful death attorney negotiates for a fair settlement amount. Van Sant Law always fights to achieve the best possible outcome for every case.
How Is Compensation Divided Among Family Members in Georgia?
When more than one family member is entitled to compensation from a Georgia wrongful death claim, state law sets out how the money is divided. For example, when a surviving spouse brings the claim and there are also children, the spouse receives at least one-third of the total recovery. The rest is generally divided equally among the children.
The rules can be different when parents or other eligible family members are involved. The way compensation is divided depends on the family relationships and the circumstances of the case. An attorney can explain how Georgia’s rules may apply to your family and what each eligible person may be entitled to receive.
Can I Pursue Punitive Damages for My Wrongful Death Claim?
Punitive damages are additional compensation designed to punish the responsible party for their actions in civil lawsuits. These damages are typically limited to situations where the defendant acted willfully, maliciously, fraudulently, or with wanton disregard for the consequences of his or her actions.
If an estate claim is brought as part of the same lawsuit, that claim may be entitled to punitive damages awards. If you believe punitive damages may be appropriate, talk to your lawyer to discuss the circumstances.
Do I Still Have a Claim if the Decedent Caused Their Own Death?
Unfortunately, no. If your loved one was responsible for their demise, you cannot file a wrongful death claim to recover compensation in Georgia. Wrongful death actions are generally only available in situations where someone else’s negligence caused the death of another person.
If your loved one was partially responsible, but another party was partially responsible, talk to an experienced wrongful death firm to discuss the situation and explore your rights.
Are Wrongful Death Lawsuits Considered Personal Injury Matters?
Wrongful death and personal injury cases share many similarities. However, in a wrongful death lawsuit, it is the surviving family members or the deceased person’s estate who are the plaintiffs. This is different from other personal injury matters, which are brought by the injured person (or someone on behalf of the injured person).
Is It Difficult to Win a Wrongful Death Lawsuit?
One challenge in a wrongful death case is that the deceased person is not there to provide details, testimony, or medical evidence. Because of this, wrongful death lawsuits depend largely on eyewitness and expert witness testimony. Your local wrongful death attorney will seek to identify and secure witness testimony and to establish liability.
What Kind of Settlement Might I Receive in a Georgia Wrongful Death Lawsuit?
Compensation for any wrongful death suit depends on the circumstances. In general, settlements and awards in such cases are often significant amounts intended to compensate the deceased person’s surviving loved ones. Settlements and awards should provide for their future support, compensation for final expenses, loss of future earnings, and more.
Does Insurance cover Wrongful Death?
You may have some personal or business wrongful death insurance coverage. However, the amount provided may be inadequate to compensate you for the financial losses you sustained.
Engaging an experienced law firm can help you understand whether you may pursue a wrongful death claim against another party. If your loved one died because someone else was negligent somehow, you may recover financial damages from the responsible party.
For example, if you lost a loved one as a result of a car accident, or at the hands of a medical professional who acted negligently in diagnosing or treating your family member, you may have a valid legal claim. Your attorney can help you understand your rights and options for pursuing a formal wrongful death claim through the legal system.
