rudolph, israel, tucker and ellis

Filing a Wrongful Death Lawsuit in Jacksonville

There aren’t many things as tragic as losing a family member. Handling grief is close to impossible in itself. If your loved one’s death was caused by the recklessness of another individual, you’re also left with anger and a lot of questions.


While filing a wrongful death lawsuit Jacksonville won’t bring a loved one back, it’s still the right thing to do. It can help relieve the financial burden on your family, and more importantly, hold the guilty party accountable for their actions. 


We recommend that you take timely action and file a wrongful death lawsuit Jacksonville to recover the funds that might ultimately help you start rebuilding your life.


Here’s everything you need to know, including what constitutes wrongful death and if you are eligible to recover any benefits.


What is wrongful death?


Before filing a wrongful death lawsuit Jacksonville, you should first be familiar with the legal definitions of the term.

Legally, filing a claim is possible regardless of the type of accident and whether the death occurred due to negligence of the other party. 


Let’s say there was a person who died in an apartment fire. If the apartment complex had any problems that hindered the victim from escaping (lack of exit signs or bars on windows), the owners of the rental unit are liable for the wrongful death. In this case, the deceased person’s family can file a wrongful death lawsuit Jacksonville and recover the damages. 


The elements can vary for each case, and every state has different statutes that cover this issue. The laws are similar, though. The differences are usually related to details such as requirements and filing. For example, in Florida, the statute of limitations for wrongful death lawsuit Jacksonville is two years.


Other than that, the deceased person’s family typically has to prove certain common elements to win the lawsuit. For instance, if your loved one died as a result of a car accident, you have to prove the following:


1. Another party caused the accident that led to wrongful death
2. The other driver is at fault and had acted negligently
3. The deceased person is survived by beneficiaries such as a spouse, children, or other dependents
4. Your loved one’s death resulted in monetary damages


Who can file a wrongful death lawsuit Jacksonville?


Filing a lawsuit is the only way to protect the legal rights of the loved one and save your family from financial ruin if the deceased family member was the primary provider. 


Thus, as we outlined above, the family members eligible to recover damages in the Sunshine State are mainly the spouse, parents, and children. However, any blood relatives or adopted siblings who relied on the deceased for financial support can also file a wrongful death lawsuit.


The compensation you can expect


While it is impossible to put a value on someone’s life, some factors play a part in the monetary amount of compensation received from winning a wrongful death lawsuit Jacksonville. Typically, the surviving family members are entitled to:


1. Any medical costs related to the accident before the death of the loved one
2. Funeral expenses
3. Lost wages, including future lost wages
4. Pain and suffering that your loved one experienced before they passed away
5. Loss of companionship
6. Loss of inheritance


The underage children might also receive damages for loss of care and guidance that your deceased one would have provided them.


Types of wrongful death cases


We already mentioned how you may file a wrongful death lawsuit Jacksonville for accidents that resulted in death through negligence. The only challenge is proving liability. Here is what you can expect for different kinds of wrongful death cases:


1. Work accidents


A lot of workplaces can be dangerous. This is especially true for construction sites and factories where most deadly accidents occur. For instance, workers often get killed in falls or explosions. Many people also die in accidents caused by malfunctioning equipment or even exposure to dangerous chemicals.


While death can be caused by a singular event, it might also happen due to long-term exposure to certain substances.


A personal injury lawyer can prove that the employer was liable for the wrongful death.


2. Car accidents


Wrongful death in a car crash occurs if the other driver was intoxicated at the moment of the accident or was driving recklessly, thus causing the accident. In recent times, there’s also been an increase in wrongful deaths due to distracted driving directly connected to smartphone use. 


Additional factors that could make the other driver liable for wrongful death are driver fatigue, as well as age, and inexperience.

Other circumstances could be at play too. For example, the vehicle might have had a manufacturing fault that contributed to the accident, or the road itself could have had defects.


All of the above also applies to motorcycle accidents. Motorcycle riders are very vulnerable to traffic collisions, where even a minor one could result in death.


3. Boat accidents


When operating a boat or any other aquatic vehicle, the drivers need to ensure that their actions don’t endanger other people. So when a person causes a wrongful death with a boat, the same laws and standards as with road vehicles apply.


4. Truck accidents


Truck accidents have additional elements that might factor in a wrongful death lawsuit Jacksonville. Not every truck company has the same standards. Some don’t maintain their vehicles well, and not every truck company has a strict training requirement. 

This is why it’s important to look into the liability of the trucking company instead of focusing strictly on the driver.


It’s also worth looking into the weather condition, the state of the road on which the accident occurred, and any possible vehicle defects. 


5. Nursing home neglect


Wrongful deaths in nursing homes are common. Neglect, in this case, can be anything from injuries caused by falls to medication mistakes resulting in death, malnutrition, and so on. 


If these neglectful actions led to the death of the loved one, it’s advisable to file a wrongful death lawsuit Jacksonville.


A wrongful death lawsuit Jacksonville might bring you closure


At first glance, talking to lawyers and dragging the issue through courts might seem too hard to handle, especially if the wounds are still fresh. Nevertheless, a wrongful death lawsuit Jacksonville might help you rebuild your life, recover financially, and slowly start moving towards acceptance of the tragic event.


Since every case is different, it might take a while before the case settles. This is why we urge you to contact a personal injury attorney as soon as possible. 


The prompt investigation into your particular circumstances can make all the difference in how a case pans out. You shouldn’t waste any time contacting an experienced attorney as soon as possible.


Law Offices of RITE law can help you reach the closure you deserve. Contact us today for your Free Case Evaluation with one of our experienced attorneys. We’ll take a close look at the facts of your case and explore all the options available. Your loved one deserves justice!


Share by: