What to do after a wrongful death injury
- Preserve the police report, accident report, and any medical records.
- Do not sign anything from an insurance company — including 'release for funeral expenses' forms.
- Identify who can legally bring the claim (the personal representative of the estate).
- Talk to a lawyer about preservation of evidence and the statute of limitations.
Why hire a lawyer for a wrongful death case?
Wrongful death cases combine the complexity of a serious injury claim with the legal mechanics of an estate. The right lawyer protects the family from intrusive insurer tactics and makes sure the full economic and human loss is presented.
Common injuries we see
- Fatal motor vehicle and trucking crashes
- Fatal pedestrian and bicycle incidents (note: we do not handle bicycle accident matters)
- Medical errors resulting in death
- Fatal nursing home neglect
- Fatal premises injuries
What you can recover
All three states allow recovery for reasonable medical, hospital, and funeral expenses and lost earnings and benefits. Florida's statute also allows survivors to recover for loss of care, love, and companionship and their own pain and suffering. Georgia's Wrongful Death Act measures damages by the 'full value of the life' of the deceased — a broader standard than purely economic loss. New York wrongful death damages are generally limited to the family's pecuniary (economic) losses — including loss of parental care and guidance — with a separate survival claim for the deceased's own pre-death pain and suffering.
State law that affects your case
Florida, Georgia and New York each have their own wrongful death statutes with different rules on who may bring the claim and what the family can recover — New York claims are brought by the personal representative and have historically centered on economic loss. The statute of limitations is generally two years from the date of death in all three states, but specific rules can shift that. Notice deadlines for government defendants are far shorter. Georgia's Wrongful Death Act (O.C.G.A. § 51-4-2) uses a 'full value of the life' damages standard — a broader measure than purely economic loss. The claim belongs first to the surviving spouse, then to children.
Insurance company tactics to watch for
- Approaching the family within days of the death with a quick 'sympathy' offer.
- Asking for blanket medical authorizations.
- Disputing the deceased's earning capacity to lower the value of the loss.
How our process works
- Free, private consultation.
- Opening the estate and identifying the personal representative.
- Investigation and evidence preservation.
- Coordination with economists and life-care planners.
- Demand, negotiation, and litigation if needed.
