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. If you would like to know what is recoverable in your specific case, contact us today and speak with one of our skilled Atlanta unlawful death lawyers in your area.
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.
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$525,000 $525k Result for Man Injured by Dump Truck
Result for Man Injured by Dump Truck
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$3,000,000 $3 Million Leg Injury Case Involving Tractor Trailer on I-75
Leg Injury Case Involving Tractor Trailer on I-75
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$175,000 $175k for Serious Injury Claim
For a Serious Injury Claim
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$235,000 $235k for Officer Who Was Struck While Directing Traffic
For Officer Who Was Struck While Directing Traffic
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$100,000 $100k Policy Limit Settlement for Client Involved in Car Accident With Shoulder Injuries
Policy Limit Settlement for Client Involved in Car Accident With Shoulder Injuries
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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Van Sant Law has recovered millions in compensation for our clients’ benefit.
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Van Sant Law is committed to professional and experienced personal injury representation.
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10.0 “Superb” rating on Avvo™, Super Lawyers Rising Stars, National Trial Lawyers Association Top 40 Under 40
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Our legal team includes former defense attorneys for large insurers who know how they settle injury claims.
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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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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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"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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"Let the Van Sant team handle your case! You're in good hands."
Attorney David M. Van Sant is one of the best injury trial attorneys here in the Atlanta area. They are precise and unique in their approach. When I had my car accident, my whole world was turned upside down, but with Attorney Van Sant and his team of professionals dedication and quality of service, my life is back on track.
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"They were diligent, timely, and very informative during the whole process."
Van Sant Law worked on my personal injury case, and they have gone above and beyond in representing me as a client. They gave multiple updates throughout the course of the case. I would highly recommend Van Sant to friends and family, and I would choose them as my personal injury attorney if I were to have a personal injury claim. Thank you, Van Sant Law!
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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.
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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!
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My attorney, David Van Sant and his law firm were outstanding in handling my personal injury case. I was out of work for a considerable amount of time due to an automobile accident and Mr. Van Sant and his entire team were always kind, professional, knowledgeable and especially available. This law firm did their absolute best to answer and return calls and at no time did I ever feel like just a number or stranger. My experience with Mr. Van Sant and his law firm (from beginning to end), were very positive as well as favorable.
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I had a head on collusion that left me with a totaled car & very bad injuries. From the first time I spoke to David Van Sant to the end I have been totally satisfied. I worked with Patricia she was very compassionate yet professional she was always ready to answer any concerns that I might have. I am grateful that my daughter found this law firm for me.
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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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