The tragedy of wrongful death cannot be undone. No amount of money can erase what has happened. But holding the responsible party accountable and securing compensation can help your family move forward.
For a free case review, please contact Kelleher Law at 833-546-3675. We have offices conveniently located in Naples and Fort Myers, Florida, and in Atlanta, Georgia. We are driven by serving as aggressive advocates for our clients. We are available to take your call 24/7.
To learn more about these claims, please review the following sections:
- What Makes a Death Wrongful?
- Reasons to Consider a Lawsuit
- Who Is Eligible to Receive Wrongful Death Compensation?
- Parties Who May Be Sued for Wrongful Death
- Main Elements That Must Be Present
- Choosing a Wrongful Death Lawyer
- Florida Case Reviews
What Makes a Death Wrongful?
A wrongful death is marked by someone else causing it. The person responsible may have been acting intentionally, which is why some murder cases are accompanied by a civil suit. Our attorneys handle wrongful death claims caused by negligence. In such events, a person was not necessarily acting with intent to harm but caused someone's death nonetheless.
Some of the ways negligence can lead to fatal injuries include:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Workplace accidents
- Falls
- Unsafe premises
- Boat accidents
Something as simple as carelessness – texting behind the wheel, for example – can be so hazardous that it results in tragedy. Had the person responsible exercised even the most reasonable amount of care, then the death would not have occurred.
It is these scenarios that concern our lawyers. It is because of the irreversible harm done to the families of the deceased that we fight every day. We don't rest until the best possible outcome has been obtained.
Reasons to Consider a Lawsuit
Money awarded in a lawsuit is referred to as "damages." Damages may be awarded for a wide array of things, including:
- Funeral/burial/cremation costs
- End-of-life treatment costs
- Medical bills
- Loss of loved one's financial contributions
- Loss of loved one's future benefits and retirement savings
- Loss of inheritance
- Loss of companionship
- Loss of parental guidance
- Loss of care and protection
- Mental anguish
- Pain and suffering
A word about economic, non-economic and punitive damages:
The damages listed above tend to fall within one of three categories. Economic compensation awards stem from the financial value of certain losses, such as the costs of the deceased's burial or medical bills.
Non-economic damages refer to things that may not be as obvious in terms of monetary losses, but are nonetheless compensable, such as the mental anguish and loss of companionship caused by the death.
Punitive damages are meant to punish the wrongdoer and deter similar behavior. Punitive damages are sometimes awarded in cases involving especially egregious behavior, for example, a repeat drunk driver who causes a deadly accident and has a blood alcohol content twice the legal limit.
Each case is unique, as unique as the families affected by these tragedies. Therefore, compensation tends to differ in each case. Rely on our experienced lawyers to fight tirelessly in pursuit of every dollar you need and deserve.
Who Is Eligible to Receive Wrongful Death Compensation?
Certain parties are eligible to file a wrongful death claim. These parties are largely defined by state statutes. The attorneys at Kelleher Law can determine if you are such an eligible party.
Most wrongful death claims are filed on behalf of one of the following groups or individuals:
- Children
- Spouses
- Parents
- Financial dependents
- Distant family members
Immediate family members are the most likely to suffer from a wrongful death. Not only do they have to live with the crushing grief and pain of their loved one's departure, they also will have to live with the financial and practical implications of the death for many years to come.
For example, a child who loses their father in a defective equipment accident will lose that father's love, companionship, and guidance for the rest of their life. All the money in the world cannot undo the harm that has been done, but that child still deserves maximum compensation as a way of setting things right, even if only in a small way.
What Is the First Step I Should Take if I Suspect Wrongful Death?
If you suspect wrongful death, start by contacting an experienced wrongful death attorney.
At Kelleher Law, we understand the emotional and legal complexities involved. Our attorneys will:
- Conduct a thorough investigation
- Gather evidence
- Guide you through the legal process
It's crucial to act quickly to preserve critical evidence and protect your rights. Schedule a case review to discuss your concerns and determine the best course of action.
How Long Do I Have to File a Wrongful Death Lawsuit?
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Generally, in Florida and Georgia, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death.
Certain circumstances may extend or shorten this period. For example, if the death was caused by medical malpractice and was not immediately apparent, the statute may be extended.
Consult with a wrongful death attorney at Kelleher Law as soon as possible. They will help you file your claim within the appropriate timeframe. Remember that you may lose the right to seek compensation if you miss the deadline.
How Long Does a Wrongful Death Lawsuit Take to Resolve?
The duration of a wrongful death lawsuit varies based on several factors, including:
- The complexity of the case
- The willingness of parties to settle
- Court schedules
Wrongful death cases can take several months to several years to resolve. At Kelleher Law, we strive to handle each case efficiently. We also take care to thoroughly investigate and prepare to achieve the best possible outcome for our clients.
Can a Non-Family Member File a Wrongful Death Lawsuit?
In Florida, wrongful death lawsuits are typically filed by a personal representative of the deceased's estate on behalf of surviving family members, such as spouses, children, and parents. Non-family members generally do not have the legal standing to file a wrongful death lawsuit.
Only certain family members can file a wrongful death suit in Georgia. The law states that family members are eligible to file a wrongful death lawsuit in this order:
- The deceased's surviving spouse
- If there is no surviving spouse, the deceased's surviving child or children
- If there is no surviving spouse or children, the deceased's parent or parents
If the victim has no surviving family members, a personal representative may file on behalf of the victim's estate.
Consulting with a wrongful death attorney at Kelleher Law can clarify your eligibility to file a claim.
Can a Wrongful Death Case Proceed if Criminal Charges Are Pending?
Yes, a wrongful death case can proceed even if criminal charges are pending against the party responsible for the death. A wrongful death lawsuit is a civil action. It operates outside of any criminal proceedings.
The outcome of the criminal case does not directly impact the civil lawsuit, either. At Kelleher Law, our attorneys can help you navigate the civil and criminal aspects of your case to ensure justice is served.
What Is the Difference Between Wrongful Death and Medical Malpractice?
Wrongful death refers to a death caused by the negligence or wrongful act of another party. It can include various situations like car accidents, workplace incidents, or intentional acts.
On the other hand, medical malpractice involves negligence by healthcare professionals. This negligence leads to a patient's injury or death.
Can Punitive Damages Be Awarded in a Wrongful Death Case?
Yes, punitive damages can be awarded in a wrongful death case in Florida and Georgia. However, they are not guaranteed.
Punitive damages punish the defendant for egregious or reckless behavior and are meant to deter similar conduct in the future. A judge awards them in addition to compensatory damages for the family's losses.
The attorneys at Kelleher Law will evaluate your case to determine the potential for punitive damages based on the specifics of the defendant's conduct.
Parties Who May Be Sued for Wrongful Death
There are many potential at-fault parties in a wrongful death case. Our attorneys can determine whether action can be brought against them. Some of the most common are:
- Other motorists
- Trucking companies
- Product manufacturers
- Product designers
- A pharmaceutical company
- The owner of an unsafe property
This area of liability is where wrongful death can begin to get confusing to people who don't work within the legal profession every day. There will be questions surrounding whether a duty of care was owed to your loved one by the responsible party and whether that party carelessly neglected that duty of care. There will be questions about whether reasonable standards were met or ignored, and whether that caused your loved one's death. The lawyers at Kelleher Law will review all of these issues and others.
Main Elements That Must Be Present
Certain things define the parameters of a wrongful death claim. Chief among them are the following factors:
- The death was someone else's fault. Your loved one's death must have been caused by someone else's carelessness, directly. In technical terms, this involves showing that a certain duty owed to your loved one was breached and that the violation of the duty caused death. For example, a manufacturer has a duty to warn you of the dangers involved with the proper use of their product. If they did not provide a warning, and the dangerous defect kills someone, then that manufacturer may have breached a duty to the consumer.
- Your claim falls within the timeline allowed. Lawsuits must be filed within a certain amount of time from the date of death. Our attorneys know these statutes of limitation and we can tell you if you have an eligible claim.
- The death resulted in losses or other things that are eligible for damages. Another essential element is demonstrating the losses and harm caused by the death. These are the things listed in the sections above, such as loss of financial contributions and companionship.
If you are wondering if you have a claim, don't feel as though you have to figure all this out on your own. Our lawyers are here to determine if the right elements are present.
Choosing a Wrongful Death Lawyer
At Kelleher Law, we know this situation is about more than money to your family. It's not about revenge or evening the score. We know it cannot undo the grief and the loss. As lawyers who have been resolving these claims for many years, we have also witnessed the power these lawsuits have to hold the responsible person accountable. Accountability for wrongful death can alleviate some of the pain you may be feeling. And the compensation award can help you pay for the actual expenses caused by your loved one's passing.
We are driven by providing outstanding legal services. Not only do we have the skills, experience, and resources to handle these claims adeptly, we have the passion to represent our clients to the full extent of our abilities. We will not stop fighting for you.
Florida Case Reviews
If you lost a loved one because of someone else's negligence, we encourage you to call our attorneys in Naples and Fort Myers, Florida, or in Atlanta, Georgia. We know that horrific losses of life happen all hours of the day, so we are available to offer free case reviews 24 hours a day, 7 days a week, at 833-546-3675.
As lawyers with decades' worth of experience, we are extensively familiar with how wrongful death cases are handled in Florida. You can rely on us as your trusted advocates during a time when you may feel like no one else is looking out for your family's best interest.
