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Wrongful Death Attorney
Get compensated for your loss with the help of top-rated Wrongful Death attorneys.
If you have just lost a loved one because of someone else's carelessness, you may be experiencing a wide range of emotions: sadness, sorrow, loneliness, fear, anger, shock, depression, confusion, or helplessness. After the tragic death of loved one, you may have many unanswered questions. At The G Law Group, our skilled wrongful death attorneys understand what you are going through. We can offer you strength and support during this difficult time.
Our wrongful death attorneys are here to answer all your questions and help you and your family in the fight for justice. While we recognize that no amount of financial compensation can alleviate the emotional heartbreak of losing a family member. We aim to help you every step of the way through these challenging times. You are not alone.
What is Wrongful Death?
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Contrary to what some people may think, a wrongful death claim is not a criminal prosecution. A wrongful death claim will not result in prison time or any type of conviction. A prosecutor plays absolutely no part in a wrongful death claim.
Instead, a wrongful death claim is a civil claim. Any death caused by the negligence of another person, company, or other entity can result in this type of claim. Common types of wrongful death claims include car accidents, motorcycle accidents, trucking accidents, aviation accidents, train accidents, defective products, and medical malpractice. Depending on the circumstances, you may also be entitled to bring a wrongful death claim if your loved one was killed by the intentional or violent criminal conduct of a third party. This type of wrongful death claim is often known as a negligent security case.
Far too often, these types of incidents can lead to a wrongful death lawsuit. If your wrongful death lawsuit is successful, it will result in financial compensation from the at-fault party. The at-fault party is a defendant in this type of lawsuit; however, oftentimes it is an insurance company that will actually defend the lawsuit and provide financial compensation. Our skilled team of wrongful death attorneys has the experience and financial backing to go toe-to-toe with these insurance companies. We win big for you and your family. We're more than just your legal advocates—we're your steadfast partners in this journey towards justice and healing.
What is a Wrongful Death Lawsuit?
The meaning of wrongful death may differ by state, but similar cases are considered as wrongful death lawsuits across the country. In general, any death that could have been prevented through the use of reasonable care or happened due to the wrongful conduct of another party can qualify. All that is required is for the wrongful act to have been the direct and proximate cause of your loved ones' death.
While wrongful death lawsuits are typical filed as negligence claims, as stated above, intentional acts can also result in a wrongful death suit. This is true whether or not the underlying act was a crime. If a property owner or business establishment knew or should have known of the danger posed by potential crime in the area, then they have a duty to take steps to protect invitees, customers, and/or residents.
Whether or not the death of a loved one qualifies as a wrongful death claim is not always clear. Thankfully, a wrongful death attorney can advise you as to all your rights to seek compensation. If you have any questions about whether you may have a potential wrongful death claim for the death of your loved one, fill out our contact form for a free case evaluation.
Who can sue for Wrongful Death?
The state in which the lawsuit is filed determines the answer to "who can sue for wrongful death?" Every state approaches the right to file these claims differently. Often, state law will allow only the spouse or children of the decedent to file suit. In certain states, extended family can also sue for wrongful death. However, depending on the state, there may be a hierarchy that gives priority to surviving spouses and minor children. Other states allow any family member or dependent to file a wrongful death lawsuit, if certain conditions are met.
Other states prevent the family of a deceased person from pursuing a wrongful death claim directly. Instead, these states give the decedent’s estate the right to bring the claim. In these cases, a personal representative of the estate holds the exclusive right to file a wrongful death suit. The decedents will often name this representative in their will or the court may select them.
Some of the parties that could have the right to file a wrongful death lawsuit include:
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Spouses - The living spouse can usually sue in any state that permits family members to do so directly.
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Children - The children of a deceased person often have as much right to bring a wrongful death claim as the surviving parent. However, some states only allow a child to bring a claim if the surviving parent is unable or unwilling to do so.
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Siblings and Parents - In most jurisdictions, siblings and parents of the deceased have fewer rights to bring a wrongful death claim. Some states do permit these claims in certain circumstances, while others never allow siblings or parents to file a wrongful death lawsuit.
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Estate Representative - Certain states do not let the surviving relatives file a wrongful death claim under any circumstances. In these states, the right to file a wrongful death lawsuit rests with the estate. Only the official representative of the estate can file the claim, but the proceeds still typically go to decedent’s heirs.
FAQS
You may have the right to seek compensation if your loved one has suffered a wrongful death
Following the tragic loss of a loved one, you are dealing with so many different feelings and emotions. The grieving process is difficult enough on its own, but unexpected financial burdens can only further complicate things. Our wrongful death attorneys can take some of the pressure off of your shoulders, allowing you to focus on dealing with your grief. Money can't fix your family's pain, but a successful wrongful death claim can ease the financial burden caused by this loss. Get free case evaluation by one of our top-rated wrongful death attorneys today by submitting the form below. Our initial evaluation is 100% free and we never collect a penny in fees unless we obtain compensation for the loss of your loved one.
What Is the Statute of Limitations on a Wrongful Death Lawsuit?
The statute of limitations on a wrongful death lawsuit varies greatly from state to state. Rest assured, however, that every state has a firm deadline for filing a wrongful death claim.
All jurisdictions uniformly calculate the statute of limitations. The statutory period begins running the day of your loved one’s death and expires after a set amount of time. Every jurisdiction in the United States measures this time in a matter of years, not months.
The amount of time before the statute expires is where each state differs. For example, people know Tennessee for its particularly short statute of limitations with respect to this particular type of claim. Plaintiffs in a wrongful death case only have one year to file suit according to Tennessee Code 28-3-104, with some limited exceptions.
Most states set their statute of limitations to expire within two years. Florida, Texas, and California have a two-year time limit for wrongful death cases. Nevertheless, there are some unusual outliers across the country. For example, New Jersey Code Section 2A:31-3 sets an unlimited statute of limitations in cases where a wrongful death is the result of a homicide.
For more information on the statute of limitations in your specific state, please check out FAQs.
ADDITIONAL LOCATIONS
Are Wrongful Death Settlements Taxable?
One aspect of a wrongful death lawsuit that people often do not consider, are there any potential tax implications? Some proceeds that you receive in a lawsuit are taxable, while others are not.
The IRS only taxes you on money you have earned as income. If the IRS doesn't consider funds as income then those funds aren't taxed. According to IRS Rule 1.104-1, the proceeds of a wrongful death settlement are not taxable. However, as with personal injury claims, there are exceptions to Rule 1.104-1.
Some proceeds from a wrongful death claim are taxable. For example, any interest earned on a wrongful death judgment is taxable by the IRS.
What damages does a Wrongful Death Lawsuit award?
The damages in a wrongful death case typically fall into two categories. First, you are entitled to compensation for damages the decedent suffered before their death. Second, a wrongful death plaintiff can also seek compensation for losses suffered as a direct result of the death of their loved one.
The first type of compensation is essentially what would have been available to the decedent had they survived. This usually means getting money for the decedent's pain, suffering, and medical expenses. This would also include any wages lost or other expenses incurred as a result of this tragic incident.
The second type of compensation relates to the losses close family members might experience due to an untimely death. For those that relied financially on the decedent, these claims oftentimes provide the financial support they desperately need. This portion of your claim can also seek compensation for a family member's loss of emotional support or care. Family members can also receive compensation for their emotional pain and suffering after the loss of a loved one.
How much is a Wrongful Death Lawsuit worth?
The average settlement for a wrongful death lawsuit is difficult to quantify. This is because there is no national database for these statistics. Using subjective evidence to determine compensation can be helpful in assessing the value of a claim. A good lawyer who specializes in wrongful death cases can review your claim and tell you what compensation you might receive.
Wrongful death settlements and jury verdicts can sometimes be in excess of eight figures depending upon the facts of a particular case. Many factors go into determining the value of a wrongful death case. Understanding some of these factors can be helpful during the evaluation process. Some of these factors are:
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The future earning potential of the victim
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The age of the victim
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The health of the victim
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The medical bills incurred as a result of the incident
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Circumstances surrounding the incident
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Willful or reckless conduct of the responsible parties
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Any measures taken to prevent the incident or a lack thereof
Call us now at (305) 486-7468 to speak with a qualified wrongful death attorney and find out how much your case may be worth. The initial consultation is free and kept strictly confidential. You can also fill out a free case evaluation form below.
Welcome to The G Law Group, where your quest for the truth begins. We will not stop fighting until your family has received justice for the loss of your loved one!
