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Jacksonville Personal Injury Attorney > Blog > Wrongful Death > Wrongful Death Lawsuits After The Loss Of A Loved One

Wrongful Death Lawsuits After The Loss Of A Loved One

The death of a loved one can be a difficult time for friends and family.  This can be especially painful when the death could have been avoided, and was caused by negligence.  If a family is dependent on the income of the deceased, the person’s death can be emotionally and financially devastating.  Because the law seeks to shift the burden of the loss of a loved one from his survivors to the person who caused his or her death, the law allows for certain family members to receive compensation for the loss of a loved one through a wrongful death claim.  This kind of lawsuit can be a good way for a family to deal with the financial loss of a loved one.

In Florida, when a person dies as a result of negligence by another, the representative of the person’s estate may bring a suit seeking compensation for the death of the deceased.  Death that results from a medical error, a car accident, or any other kind of personal injury can be the basis of a negligence claim.  The law also allows wrongful death claims when death is the result of a wrongful act.  Georgia law similarly allows for the compensation for the loss of a loved one through negligence and wrongful acts such as criminal acts.  However, in Georgia, the surviving spouse can bring the lawsuit, as can the parents or siblings of the deceased if they did not have a spouse.

If a wrongful death lawsuit is based on the criminal acts of another person, the person does not have to have been convicted of the criminal act in order for the survivors to receive compensation.  Because of the different standards in criminal cases and civil cases, it is possible for a person to be acquitted of a crime and still be found liable in a wrongful death lawsuit.

Compensation in a wrongful death claim can be for lost wages, including future wages based on the person’s earning potential.  In addition, surviving spouses and children may receive compensation for the loss of companionship or support.  In some cases, pain and suffering may also be awarded.  The pain and suffering awarded may cover any pain and suffering experienced by the deceased following the injury until his or her death.  The deceased’s medical costs related to the injury that caused the death may be compensable through a wrongful death lawsuit.

As with other personal injury claims, there are statutes of limitations that govern the time in which a wrongful death lawsuit must be filed.  Generally speaking, this tracks the number of years in which a personal injury could have been brought.  For example, in Georgia, the statute of limitations is generally two years, although this may be tolled or suspended in certain conditions.  Nevertheless, it is better to file the lawsuit as close as possible to the deceased’s date of death to ensure evidence is easier to collect.

Contact Us For Legal Assistance

If you recently lost a loved one due to the negligence of another person or entity, you may be eligible for compensation for your loss.  Contact the experienced Jacksonville, Florida and Brunswick, Georgia personal injury attorneys at Gillette Law, P.A. for more information how we can assist you.

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