Losing a loved one to someone else's negligence is one of the hardest moments a family can face. Both Florida and Georgia provide legal paths for accountability — but the rules are state-specific.
In Florida, a wrongful death claim is brought by the personal representative of the deceased's estate under the Florida Wrongful Death Act, on behalf of the estate and the statutory survivors. In Georgia, the right to sue is structured differently — a wrongful death claim is generally brought by the surviving spouse, children, or parents, with a separate estate claim brought by the executor or administrator for medical and funeral expenses and other estate-level losses.
Recoverable damages can include reasonable funeral and burial expenses, medical bills incurred before death, lost earnings and benefits, and loss of care, companionship, and the 'full value of the life' (Georgia) or pain and suffering of survivors (Florida).
The statute of limitations is generally two years from the date of death in both states. Claims involving government defendants require formal notice within a much shorter window.
Practical advice: don't sign anything from an insurance company. Don't agree to a 'funeral expense' settlement without understanding what release language is attached. And get the estate opened — appointing a personal representative or administrator is the first legal step in most wrongful death claims.
