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.

Refer a case today

You can get in touch with us via our online contact form or by calling (954) 860-8434

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:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Bicycle and pedestrian accidents
• Falls, including slip and falls
• Medical malpractice
• Recreational accidents
• Defective products
• Prison abuse and misconduct
• Civil rights violations
• Assault and other violent acts

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.

Refer a case today

You can get in touch with us via our online contact form or by calling (954) 860-8434

Commonly Asked Questions

Can I recover damages for the pain and suffering my loved one experienced before their death in Georgia?

In Georgia, a survival action allows you to seek compensation for the pain and suffering your loved one experienced between the time of injury and death, as well as other damages like medical expenses and lost income during that period. These damages are separate from those sought in a wrongful death lawsuit, which compensates the survivors for their losses. It's important to work with a knowledgeable attorney to ensure you pursue all available claims.

What types of damages can be recovered in a wrongful death lawsuit in Florida?

In a Florida wrongful death lawsuit, eligible family members can recover damages for losses such as funeral and burial expenses, loss of support and services, lost companionship and protection, mental pain and suffering, and lost parental companionship, instruction, and guidance for children. The specific damages available can vary based on the relationship to the decedent; an experienced wrongful death attorney can help identify and quantify the applicable damages.

How can Fischer Redavid PLLC assist me with a wrongful death claim in Florida or Georgia?

Fischer Redavid PLLC offers compassionate legal support to families facing wrongful death claims in Florida and Georgia. Our firm is dedicated to helping you recover full and fair compensation while respecting the emotional challenges you are facing. We provide aggressive representation to protect your rights and guide you through the legal process, ensuring that justice is served for your loved one. Our team is available to assist you in English, Spanish, or Creole, and we offer complimentary consultations to discuss your case.

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.