What Is Recoverable in a Wrongful Death Claim
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 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 claim. Finally, if none of the above applies, the Administrator of the estate 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 law firm will assist you through this process and help relieve the financial burden.
Contact us today at (800) 234-9556 to schedule a free consultation and speak with our team of experienced wrongful death lawyers in Atlanta.
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If you are hesitating to call us for help, take a look at our recent case results.
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$400,000 $400k for Woman Who Sustained Neck Injury in Motor Vehicle Accident
For a Woman Who Sustained Neck Injury in Motor Vehicle Accident
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$275,000 $275k Settlement for Client Involved in Head-on Collision
Settlement for Client Involved in Head-on Collision
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$110,000 $110k Settled for Client Injured in T-Bone Collision
Settled for Client Injured in T-Bone Collision
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$100,000 $100k for Woman Who Suffered Neck & Back Pain After Rear-End Collision
For Woman Who Suffered Neck & Back Pain After Rear-End Collision
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$525,000 $525k Result for Man Injured by Dump Truck
Result for Man Injured by Dump Truck
When Must You File a Wrongful Death Claim?
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 an attorney 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.
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Proven Record of Results
Van Sant Law has recovered millions in compensation for our clients’ benefit.
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Years of Experience
Van Sant Law is committed to professional and experienced personal injury representation.
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Awards and Accolades
10.0 “Superb” rating on Avvo™, Super Lawyers Rising Stars, National Trial Lawyers Association Top 40 Under 40
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Strategic and Aggressive
Our legal team includes former defense attorneys for large insurers who know how they settle injury claims.
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Personal and Compassionate
Our firm works hard to ensure that your needs are taken care of during your recovery time. We work for you so you can get your life back.
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No Fee Guarantee
Our firm works on a contingency fee basis. Meaning there are no fees or costs unless we recover compensation for you!
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"From the first phone call to getting my settlement check the customer service was great."
They checked in throughout my care and gave updates as well, the process was truly a breeze! I cant thank you guys enough!
- Tareckia S. -
"David Van Sant has been by my side through it all."
I would like to thank everyone in Van Sant Law for answering any questions that I have in a timely manner. I can personally say, Everyone in deserves recognition for being honest, hard working, ethical, logical, dedicated people. The only reason I rated them 5 stars is because it would not let me go higher!
- Hilary -
"We were thrilled with the support from Van Sant."
The team really helped us as we navigated the claims process after our oldest child had his car totaled by a drunk driver! They were incredibly professional and helped us through every step of the process! Would absolutely recommend their services! Thank you!
- Josiah B. -
"David and his crew worked so hard to come to a great conclusion on my case."
I was in a car accident with a tractor trailer two years ago and David Van Sant came highly recommended for someone I could talk to about the situation. Best decision I've ever made! He fought for me in ways that was truly amazing. Thank you David, Michael and everyone in the office.
- Mary -
"Van Sant Law was the right support to call after my car accident with my daughter."They were referred to me by a close friend of mine. Extremely professional, and asked the language I feel comfortable to discuss my case in. Alex Rusanov was my case manager and explained every aspect of my case during the process. I would highly recommend to use this law firm if you were injured in a car accident. Drive safe and stay alert!- Angela
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"I truly felt they were in my corner and had my best interest at heart."
Van Sant Law was just the right people to call after my car accident. They were referred to me by a friend. They were helpful and understanding of my needs and pains. From start to finish they were helpful in explaining the process with the doctors and insurance. Thank you for getting me back on feet.
- Abby C. -
"I am beyond grateful for the exceptional service provided by Van Sant Law firm."
From the beginning, they demonstrated a deep understanding of my case and a commitment to achieving the best possible outcome. Their attention to details, professionalism, and expertise was truly remarkable.
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"Van Sant Law took care of everything."
Back in March I was involved in a rear end collision accident. The are very professional and will do whatever it takes to get the best possible offer when it comes with the insurance. 5/5 will recommend to everyone
- Juan S.
Our firm is dedicated and committed to providing you with the best legal services possible, from your education on the issues to fighting for positive results for your case. Through a free, initial consultation, we will make sure you understand the best way to approach your case, and we’ll review any relevant documents that you provide us with to make sure we have a full, detailed picture of your situation.
Contact Our Wrongful Death Attorneys Now if Your Loved One Was 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 wrongful death lawyers in Atlanta, we could help take care of the legal aspects of your case so that you can focus on yourself and your family.
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 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 of wrongful death lawsuit lawyers, 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 in GA from one of our Metro Atlanta offices to learn more. We have multiple office locations in Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, Sandy Springs, and Gainesville.
FAQ
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Who Has the Legal Right to File Wrongful Death Lawsuits?To a certain extent, the underlying facts and circumstances determine who has the right to file a wrongful death lawsuit against another person or company. In general, the deceased person’s estate, surviving spouse, surviving children, or parents may have legal standing to file claims for compensation.
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What Is Needed to Prove Negligence in a Wrongful Death Case?
In Georgia, claimants in wrongful death cases must be able to prove, through evidence, that the responsible party owed a duty to the deceased person. In addition, the negligent party must have failed to uphold that duty and that breach of duty, whether through action or inaction, resulted in death. Your wrongful death lawyer will work to gather evidence, identify solutions, and to establish and prove the required elements in your case.
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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.)
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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 suits 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.
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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. When you work with one of Van Sant Law’s accidental death attorneys near you, you can be confident that your attorney will fight to help you obtain the compensation you deserve.
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Is Wrongful Death Covered by Insurance?
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 be able to pursue a wrongful death claim against another party. If your loved one died because someone else was negligent somehow, you may be able to recover financial damages from the responsible party.
For example, if you lost a loved one as the 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.
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Can I Pursue Punitive Damages for My Wrongful Death Claim?
Punitive damages are additional compensation designed to punish the responsible party for his or her 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.
In general, Georgia courts have denied punitive damage awards in wrongful death claims, on the basis that the wrongful death claim is, itself, a punishment. Yet, if an estate claim is brought as part of the same lawsuit, that claim may be entitled to punitive damages awards. A wrongful death claim is a claim brought by surviving loved ones that covers the value of the decedent’s life. In contrast, an estate claim is brought on behalf of the decedent’s estate, seeking to recover final expenses, medical expenses, and pain and suffering of the decedent.
If you believe punitive damages may be appropriate, talk to your lawyer to discuss the circumstances.
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Do I Still Have a Claim if the Decedent Caused His or Her Own Death?Unfortunately, no. If your loved one was responsible for his or her 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.
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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. However, the amount offered in a settlement may not always reflect the full value of the claim. It is important to have an experienced attorney who can evaluate settlement offers and negotiate effectively to ensure the family receives fair compensation.
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What is the Difference Between a Wrongful Death Claim and a Survival Action?In Georgia, a wrongful death claim compensates the family for the "full value of the life" of the deceased, focusing on the losses experienced by the survivors. In contrast, a survival action addresses the pain and suffering the deceased endured before their death, as well as related financial losses like medical bills and funeral expenses. Survival actions are brought by the administrator of the deceased's estate, and any recovery becomes part of the estate to be distributed according to the will or intestacy laws.
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How is Compensation Divided Among Family Members in Georgia?In Georgia, if multiple family members are eligible to receive compensation from a wrongful death claim, the law determines how the award is divided. For instance, if a surviving spouse files the claim, they are entitled to at least one-third of the total compensation, even if there are children. The remaining amount is shared equally among the children. In cases where parents or other family members are involved, the distribution may depend on the specific relationships and circumstances. An attorney can clarify how compensation is allocated in your situation.
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What is a Wrongful Death Claim in Georgia?A wrongful death claim in Georgia arises when someone dies due to the negligent, reckless, or intentional actions of another party. The purpose of this legal action is to provide surviving family members with financial compensation for the loss of their loved one. Under Georgia law, wrongful death claims aim to measure the "full value of the life" of the deceased, which includes both the tangible economic losses (such as lost wages and benefits) and intangible losses (such as the emotional and relational value of the deceased's life). The claim is intended to hold the responsible party accountable while providing relief to the surviving family members.
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