The last thing you want to think about after losing a loved one in a fatal accident is filing a wrongful death claim. However, you may be entitled to compensation for medical expenses, lost wages, and more. In Florida, the process takes the burden of filing off the family members, but in Georgia, the burden is on family members.
Filing a Wrongful Death Claim in Florida
If you lost a loved one in a fatal accident in Florida, the beneficiaries of the estate – usually a spouse and children – can recover damages. However, the personal representative is the only person who can file a wrongful death claim.
That means you must start the probate process as soon as possible. If your loved one died intestate – without a will – you must still start the probate process to get a personal representative. If your loved one died, testate – with a will – the will often names a personal representative.
Filing a wrongful death claim has a statute of limitations of two years, and probate can often take some time to get started, leaving less time to investigate the wrongful death claim.
Filing a Wrongful Death Claim in Georgia
If you lost a loved one in a fatal accident in Georgia, the spouse or children can file a wrongful death claim. Georgia law also dictates who can file if your loved one is not or is no longer married and/or does not have children.
You do not have to use a personal representative to file a wrongful death claim. However, like Florida, Georgia has a two-year statute of limitations.
When to File a Wrongful Death Claim
Probate and wrongful death cases can be complex. You should start probate immediately after the death of a loved one so your personal representative can file a wrongful death claim. In Georgia, you should file the probate case immediately and the wrongful death claim at the same time or as soon after as possible.
Schedule a Consultation in Naples, FL
Our attorneys at Kelleher Law have a wealth of experience and knowledge in handling wrongful death cases. They are committed to seeking justice for those who have been harmed by the negligence of others and aggressively fight for the compensation that victims deserve.
Our understanding of how insurance companies handle these claims ensures our teams are able to help your family obtain the compensation you need during this difficult time. If you have lost a loved one due to someone else's negligence, contact our experienced personal injury attorneys in Naples, Fort Myers, or Atlanta to schedule a free consultation today by calling 833-546-3675.
