Florida and Georgia Wrongful Death Legal Guidance

Compassionate Support for Wrongful Death Claims

Unexpectedly losing a loved one is one of—if not the—most difficult things to endure. At Fischer Redavid PLLC, we recognize just how challenging this time is for you and your family, and we want to extend our sincerest condolences. 

We also believe that you deserve justice. If someone else was to blame for the incident that caused your loved one’s death, you could have grounds for a wrongful death lawsuit. While nothing could ever undo the loss you have experienced, a successful lawsuit can provide much-needed monetary resources during this difficult time, allowing you to manage unexpected expenses so that you can focus on healing. 

Our firm offers a compassionate, client-focused approach. We are aggressive when it comes to protecting your rights, without ever losing sight of what you and your family are going through. Our goal is to help you recover the full, fair compensation you are owed so that you can obtain the justice you deserve.

Schedule a complimentary consultation with a wrongful death attorney at our firm today. Call (888) 694-0708 or contact us online to get started.

What Is Wrongful Death?

Although each state has its own definition, “wrongful death” generally refers to the death of an individual as a result of someone else’s careless, reckless, negligent, or wrongful (i.e., intentional) conduct. When the person who died, known as the decedent, would have been able to file a personal injury lawsuit had they lived, their death is likely considered wrongful.

Wrongful death claims often arise from the following types of incidents: 

Wrongful death lawsuits are separate from criminal homicide, murder, or manslaughter charges. While a criminal prosecution seeks certain penalties, such as prison time, a civil lawsuit allows the surviving family members, heirs, and dependents to seek financial compensation for specific damages resulting from the death. 

Who Can File a Wrongful Death Lawsuit?

Each state has its own set of laws regarding wrongful death lawsuits—who can file claims in court, who can recover damages, how long you have to file a lawsuit, etc. In some states, specified surviving family members are eligible to file wrongful death lawsuits in court; in others, only the personal representative, or executor, of the decedent’s estate can take this action. 

In Florida, the personal representative of the decedent’s estate must be the one to file a wrongful death lawsuit. This is done on behalf of eligible family members, heirs, and dependents who are eligible to recover damages. 

In Georgia, on the other hand, the right to file a wrongful death lawsuit is granted to the following individuals in the following order: 

• The decedent’s surviving spouse 
• The decedent’s surviving children, if there is no spouse
• The decedent’s surviving parents, if there is no spouse or child 
• The administrator or executor of the decedent’s estate, if there is no spouse, child, or parent

The U.S. Virgin Islands also has its own set of rules regarding who may file a wrongful death lawsuit and who may recover damages in such a case. It is important that you speak with a knowledgeable wrongful death attorney, like those at Fischer Redavid PLLC, for help with your case. 

What Is a Survival Action?

Some states, including Georgia, allow eligible parties to file what are known as “survival actions” in addition to wrongful death claims. While a wrongful death lawsuit seeks compensation for damages suffered by the plaintiff, a survival action seeks compensation on behalf of the decedent for damages suffered before death. 

Examples of such damages include: 

• Medical expenses incurred between the time of injury and death 
• Pain and suffering experienced by the decedent between the time of injury and death
• Loss of income suffered by the decedent between the time of injury and death
• Loss of earning ability suffered by the decedent between the time of injury and death 

Such damages are not compensable in wrongful death lawsuits in certain states, including Georgia. Rather, an eligible party must file a survival action on behalf of the decedent in order to recover these types of damages. 

Contact Our Wrongful Death Attorneys for Support in FL and GA online using our secure contact form or by phone at (888) 694-0708. Our team can assist you in English, Spanish, or Creole.