Wrongful Death

Wrongful Death Lawyers

Seeking Justice for Your Family 

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. 

You can reach us online using our secure contact form or by phone at (888) 694-0708. Our team can assist you in English, Spanish, or Creole. 

What Types of Damages Can Be Recovered in a Wrongful Death Lawsuit? 

Again, the specific wrongful death statute in the state where the claim is filed dictates what types of damages can be recovered by the plaintiff. For example, in some states, it is possible to recover compensation for emotional distress and anguish suffered by the surviving family members; in others, damages are limited solely to economic losses. 

Some examples of potential damages available in a wrongful death lawsuit include: 

  • Funeral and/or burial costs 
  • Medical expenses associated with treating the decedent’s final injury or illness
  • Loss of financial support, income, wages, and employment benefits 
  • Lost inheritance, including what the decedent would have earned had they lived
  • Loss of love, companionship, support, guidance, counsel, and care 
  • Loss of consortium 
  • Loss of services and support provided by the decedent to family members 
  • Mental pain and suffering, emotional distress, and anguish 
  • Loss of parental guidance and instruction 

In some cases, damages can be recovered by individual family members and the estate as a whole. 

At Fischer Redavid PLLC, we help our clients understand what to expect from the legal process, including the types of damages they may be entitled to receive. Our wrongful death lawyers can answer any questions you may have and provide the guidance you need to move forward. 

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Request a Complimentary Consultation Today

If you would like to speak to a member of our team about your legal rights and options, we encourage you to get in touch with us today to schedule a completely free, no-obligation consultation. During this initial meeting, we can share how we may be able to help you pursue the justice you deserve. Our attorneys can meet with you to discuss the specific details of your case, answer questions you may have, and determine whether they think you have a case they can win. 

At Fischer Redavid PLLC, we offer compassionate, client-centered representation backed by decades of combined experience and a long, proven track record of success. Our team is ready to fight for you; call us today to learn how.