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Our time on earth is understandably limited, but this means that the time we do have with our loved ones is a precious asset. There is no greater tragedy than when a live is cut short because of someone’s carelessness or negligence. At Sawan & Sawan, our personal injury lawyers have combined decades of experience fighting for families that suffered an untimely loss. As a family of lawyers, these type of cases necessarily take on a personal dimension for us – which means that we fight every wrongful death case as if it happened to us. If a loved one have been involved in a wrongful death, call our family of personal injury lawyers today to set up a free, no risk consultation.
Wrongful Death Law
If a fatality occurs because of the carelessness of another, the law provides you legal recourse to seek compensation for the life that was tragically taken. For example, if a driver of a car is texting and driving and fatally injures another person, a claim for wrongful death can be brought. Every state in the United States has its own wrongful death statute. Our team of personal injury lawyers fight for the rights of those that suffer wrongful death in Ohio, Florida, Georgia and Michigan. The wrongful death statutes for these States are as follows:
Ohio Wrongful Death Law
“When the death of a person is caused by wrongful act, neglect, or default which would have entitled the party injured to maintain an action and recover damages if death had not ensued, the person who would have been liable if death had not ensued, or the administrator or executor of the estate of such person, as such administrator or executor, shall be liable to an action for damages, notwithstanding the death of the person injured and although the death was caused under circumstances which make it aggravated murder, murder, or manslaughter. When the action is against such administrator or executor, the damages recovered shall be a valid claim against the estate of such deceased person. No action for the wrongful death of a person may be maintained against the owner or lessee of the real property upon which the death occurred if the cause of the death was the violent unprovoked act of a party other than the owner, lessee, or a person under the control of the owner or lessee, unless the acts or omissions of the owner, lessee, or person under the control of the owner or lessee constitute gross negligence.
When death is caused by a wrongful act, neglect, or default in another state or foreign country, for which a right to maintain an action and recover damages is given by a statute of such other state or foreign country, such right of action may be enforced in this state. Every such action shall be commenced within the time prescribed for the commencement of such actions by the statute of such other state or foreign country.” O.R.C. 2125
Michigan Wrongful Death Law
“Whenever the death of a person, injuries resulting in death, or death as described in section 2922a shall be caused by wrongful act, neglect, or fault of another, and the act, neglect, or fault is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages, the person who or the corporation that would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured or death as described in section 2922a, and although the death was caused under circumstances that constitute a felony.” M.C.L. 600.2922
Florida Wrongful Death Law
“Each survivor may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor’s relationship to the decedent, the amount of the decedent’s probable net income available for distribution to the particular survivor, and the replacement value of the decedent’s services to the survivor may be considered. In computing the duration of future losses, the joint life expectancies of the survivor and the decedent and the period of minority, in the case of healthy minor children, may be considered.” Florida Statutes 768.
Georgia Wrongful Death Law
“The surviving spouse or, if there is no surviving spouse, a child or children, either minor or sui juris, may recover for the homicide of the spouse or parent the full value of the life of the decedent, as shown by the evidence. (b)(1) If an action for wrongful death is brought by a surviving spouse under subsection (a) of this Code section and the surviving spouse dies pending the action, the action shall survive to the child or children of the decedent. (2) If an action for wrongful death is brought by a child or children under subsection (a) of this Code section and one of the children dies pending the action, the action shall survive to the surviving child or children. (c) The surviving spouse may release the alleged wrongdoer without the concurrence of the child or children or any representative thereof and without any order of court, provided that such spouse shall hold the consideration for such release subject to subsection (d) of this Code section. (d)(1) Any amount recovered under subsection (a) of this Code section shall be equally divided, share and share alike, among the surviving spouse and the children per capita, and the descendants of children shall take per stirpes, provided that any such recovery to which a minor child is entitled and which equals less than $15,000.00 shall be held by the natural guardian of the child, who shall hold and use such money for the benefit of the child and shall be accountable for same; and any such recovery to which a minor child is entitled and which equals $15,000.00 or more shall be held by a guardian of the property of such child. (2) Notwithstanding paragraph (1) of this subsection, the surviving spouse shall receive no less than one-third of such recovery as such spouse´s share. (e) No recovery had under subsection (a) of this Code section shall be subject to any debt or liability of the decedent. (f) In actions for recovery under this Code section, the fact that a child has been born out of wedlock shall be no bar to recovery.” Georgia Code 51-4-“2
Who Can Bring a Wrongful Death Suit?
Wrongful Death cases are complex, and adding to that complexity is the fact that the deceased is no longer alive to bring the claim. Every State has specific laws and statutes related to who can bring suit on behalf of the deceased. Understanding these laws – as well as the way that the interface with probate and estate law – is vital to success in a wrongful death claim. In most states, the law permits for the deceased’s spouse, children, descendants, parents, grandparents, brothers and sisters to bring suit on behalf of the deceased. f none of these persons survive the deceased, then those persons to whom the estate of the deceased would pass under the laws of intestate succession determined as of the date of death of the deceased may be able to file. In many circumstances, the surviving children are also permitted to file suit on behalf of the passed.
Wrongful Death Statute of Limitations
Every State has timelines in which you must bring a civil claim – such as a wrongful death suit – which is known as the Statute of Limitations. Failure to file a lawsuit within this timeframe often results in the inability to seek justice. Therefore, it is vital that you understand the statute of limitations for wrongful death in your state. We recommend speaking to a qualified wrongful death Attorney as soon as practicable after an avoidable fatality to discuss what statute applies to the situation. Our team of personal injury lawyers offers free, no risk consultations.
Dennis E. Sawan
Licensed in Ohio and Florida
Dennis P. Sawan
Licensed in Ohio and Georgia
Christopher A. Sawan
Licensed in Ohio and Michigan
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