Georgia Wrongful Death Attorneys
Serving Alpharetta, Atlanta, Cumming and all Georgia
I was involved in a car accident which resulted in serious personal injury for me and the death of my husband. David has been exceptional in his devotion to my case. He has also been very meticulous in getting everything settled in the most beneficial way for me and my children. I would strongly recommend him.
Sandra W. – personal injury client
First of all, I am very sorry that you are reading this because it likely means you have lost a loved one. You are likely experiencing a great deal of emotion and it is very important to let an experienced wrongful death lawyer guide you through this complicated process during this emotional time. When a person is fatally injured because of another party’s negligent behavior, civil lawsuits should be filed to compensate the surviving spouse and children after the death of a loved one.
What is Recoverable in a Wrongful Death Claim
In Georgia, there are two separate claims that can be asserted in connection with a wrongful death case. 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 conscious of the jury. This claim usually 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 1/3 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 wrongful death claim. Finally, as a last resort the Administrator of the estate must file the wrongful death claim on behalf of the next of kin.
Under Georgia law, the claim for the full value of the life of the decedent is measured by determining the full life of the decedent as viewed through his/her eyes. The idea is to quantity the damages by determining the life lost by the decedent, which mean 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).
When Must You File a Wrongful Death Claim?
The statue of limitations for filing a wrongful death claim is usually two (2) years from the date of death. There are exceptions; however, it is best to consult with an attorney as early in the process as possible, because most lawyers will not accept a wrongful death case if too much time has passed. There is generally a vast amount of investigation that needs to be done and its not a good idea to get too close to the two year deadline.
Van Sant Law, LLC is a highly qualified personal injury firm that has successfully represented many clients in wrongful death cases. We 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 lawyer 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 motor vehicle accidents and medical negligence claims.
Contact Us Now if Your Loved One Has Been Killed By the Negligence of Someone Else
If your family has gone through the tragedy of the loss of a loved one, you need to have a strong legal advocate on your side every step of the way. By contacting our firm, we could help take care of the legal aspects of your case so that you can focus on yourself and your family. 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 been able to secure 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 team, we will fight to secure justice for your family and hold the guilty person accountable for what they have done. Please do not hesitate to contact a wrongful death lawyer from our office to learn more.
Please refer to our other Georgia Wrongful Death page for important and helpful information: