Can You Pursue a Claim If Your Loved One Died in an Accident?

October 31, 2022

If your family member or loved one was killed in an accident, you may wonder if you can still pursue an insurance claim. The answer is yes — you can pursue a wrongful or accidental death claim to seek compensation. However, having a qualified personal injury attorney on your side can be highly beneficial throughout this process. 

Read on to learn more about filing an accidental death claim. Then contact The Leach Firm to schedule your free case evaluation. 

What Qualifies For an Accidental Death Claim?

Accidental death or wrongful death is a person’s death resulting from another person’s negligence, unlawful act, or breach of contract. For example, if a person dies in a car accident that was another driver’s fault, the case may qualify for an accidental death claim. 

Common Causes of Accidental Death

Wrongful or accidental death can result from a range of scenarios. The most common causes of accidental death in Georgia and Florida include the following:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Medical malpractice
  • Product defects
  • Construction accidents
  • Premises liability accidents
  • Pharmaceutical injuries

If you’re unsure whether your loved one’s death qualifies for a wrongful death claim, you can schedule a consultation with our personal injury legal team. 

Who Can File a Wrongful Death Claim?

The personal representative or executor of a decedent’s estate is responsible for filing a wrongful death claim. The decedent may have appointed someone to this role in their will. If not, the court will appoint someone close to the decedent, such as a spouse or child. 

Statute of Limitations for Unexpected Death Claims

Georgia and Florida both have a statute of limitations of two years for wrongful death claims. As a result, you must file your claim within two years from the date of your loved one’s death.

However, there are a few exceptions to this rule. Your attorney can examine the unique circumstances of your case to determine if you may be permitted to submit your claim after two years. However, we recommend hiring an attorney as soon as possible to improve your chances of qualifying for compensation.

Damages in Wrongful Death Claims

When you file a wrongful death claim, you can seek a few different accidental death benefits. The exact value of your claim depends on several factors, such as the circumstances surrounding the death, the medical costs leading up to the death, and more. 

However, you can typically seek compensation for the following damages in accidental death claims:

  • Loss of support (i.e., loss of future income from the decedent)
  • Loss of companionship
  • Medical costs before the victim’s passing
  • Pain and suffering for the victim and their loved ones
  • Burial expenses

Seeking these benefits in a wrongful death claim can reduce the financial burden of your loved one’s death, helping you begin moving forward from this traumatic event. 

Contact Our Georgia and Florida Accidental Death Attorneys

If your loved one has died due to another person’s negligence, we can help. Contact our attorneys at The Leach Firm today at 844-722-7567 to request your free case evaluation. 

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