Wrongful Death Attorney in Jacksonville

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The death of a loved one is always traumatic. An unexpected death can throw a family into emotional and financial turmoil. When that death is someone else’s fault, the family may be entitled to compensation. Though money won’t ease the pain of the loss, it can provide the financial stability the family needs to get through that difficult time and begin to rebuild.

What is Wrongful Death In Florida?

You may have a wrongful death claim in Florida if your loved one died because of a wrongful act or negligence. Some common examples include someone who was killed in a car accident with a drunk driver or someone who died as a result of medical malpractice. The best source of information about whether you may have a wrongful death claim is an experienced Jacksonville wrongful death lawyer.

Why Choose Harrell & Harrell: Wrongful Death Lawyers

When you hire a wrongful death attorney at Harrell & Harrell, you get the benefit of deep experience with Jacksonville wrongful death claims and other negligence cases. Our attorneys have the knowledge and experience to navigate the specific requirements of a wrongful death case. We also have in-depth experience with the types of negligence claims that give rise to wrongful death claims, such as motor vehicle accidents, nursing home negligence, defective products and more. 

We offer free, no obligation consultations to help you determine the best next steps for your family. Call us now at 904-251-1111 or fill out our contact form.

Elements of a Florida Wrongful Death Claim

In Florida, you may have a wrongful death claim if: 

• You are one of the family members who may be entitled to damages for wrongful death, including:
  • The surviving spouse
  • Children of the deceased
  • Parents of the deceased
  • Siblings of the deceased if they were dependent on the deceased, and 
• The death was caused by a wrongful act, negligence, default, breach of contract or breach of warranty, and
• The deceased would have had a claim against the responsible party if they had survived

The damages available to a surviving family member differ depending on their relationship to the deceased. For example, the surviving spouse and children under the age of 25 are entitled to more extensive damages than other family members. 

Who Can File a Wrongful Death Claim

The process for filing a wrongful death claim in Florida is somewhat different from filing a personal injury claim or other type of negligence claim. That’s because in most types of negligence cases, the plaintiff is the injured person. In a wrongful death case, the injured party is deceased. 

You might think that the lawsuit would be filed by the family members who are entitled to compensation, but that’s not how it works. Only the personal representative of the deceased’s estate has the authority to file a wrongful death claim. However, most of the claims in a wrongful death suit are filed on behalf of the surviving family members. 

Damages in a Wrongful Death Case

In a Florida wrongful death case, all eligible survivors are entitled to recover the value of lost services and support from the deceased, including future services and support. Certain relatives are entitled to additional damages. For example: 

• The surviving spouse may also collect damages for the loss of companionship and protection, and for mental pain and suffering
• Children under the age of 25 may also collect damages for parental companionship, instruction and guidance and for mental pain and suffering (older children may also collect these damages if there is no surviving spouse)
• Parents of the deceased may recover for mental pain and suffering if the child was a minor, or if there are no other survivors
• Certain expenses may be recoverable by a survivor who paid them

All of the damages listed above are collected on behalf of the surviving family members and go directly to them. That means those funds are not used to pay debts of the estate, costs of administration or other estate expenses. 

There are also certain limited damages that may be collected on behalf of the estate. These include: 

• Lost earnings from the time of the injury until the time of death
• Medical expenses incurred as a result of the injury
• Funeral expenses

Note, however, that since these types of damages are awarded to the estate, they are available for creditors of the estate and other expenses.

How to Prove a Wrongful Death Claim

There are two parts to proving your wrongful death claim. First, you must prove that the other party was responsible for the injury or incident that caused the death. Then, you must prove the extent of your damages. 

Proving Liability for Wrongful Death

To prove liability for wrongful death in Florida, you must first prove that the defendant’s actions meet one of the requirements in the wrongful death statute: wrongful action, negligence, default, breach of contract or breach of warranty.

Exactly what is required to prove this element will depend on the circumstances of the death. For example, if the cause of death was a car accident, you would have to prove that the driver was operating the vehicle in a negligent manner. Often, that would mean showing a violation of a traffic safety law. 

You would also be required to show that the actions of the defendant caused the death. That is often straightforward, such as in a car accident case where the victim was killed on impact. But in other cases it may be more complicated. An experienced Jacksonville wrongful death lawyer can explain in greater detail what might be required in your case.

Proving Damages in a Wrongful Death Case

Proving damages in a wrongful death case can be complicated, in part because there is no clear monetary value associated with damages such as loss of companionship and protection or mental anguish. It will also be up to the survivors to quantify the support and services they were receiving or expected to receive from the deceased. 

How Insurance Companies Try to Undervalue Wrongful Death Claims

The more an insurance company pays out in claims, the less they profit. So, they’ll look for ways to avoid paying your claim or to reduce the amount they have to pay. Some of the ways they may try to avoid paying you full value include: 

• Trying to rush you into a quick, lowball settlement–often by acting empathetic and claiming they just want to get money out to you quickly, or by suggesting that your claim is weak
• Challenging liability, which may sometimes be legitimate but is often used simply to try to lower the bar for settlement
• Conducting investigations to attempt to undermine your damages claim by calling your relationship with the deceased into question

These tactics can be intimidating and confusing, particularly when you have little or no experience with this type of situation. One big advantage to working with an experienced Jacksonville wrongful death attorney is that they have the knowledge and experience to separate actual weaknesses to be addressed from insurance company tactics. 

Common Types of Accidental Death

Surviving family members may have a wrongful death claim in a wide range of circumstances. Some of the most common are listed below, but this is far from a comprehensive list. The best way to find out whether you may have a claim is to talk to an experienced Jacksonville wrongful death attorney as soon as possible. 

• Your loved one was killed in a motor vehicle accident in which the other driver was negligent
• Your loved one was killed in a car accident due to uncleared debris in the road, unsafe road design or some other type of negligence by someone not involved in the accident
• Your loved one was killed by a defective product or piece of machinery or equipment, such as a tool without an adequate safety guard or a defective airbag
• Your loved one died due to injuries sustained in a fall on someone else’s property, due to the property owner’s negligence
• Your loved one died as a result of injuries intentionally inflicted 
• Your loved one died after receiving negligent medical treatment, such as failure to monitor after surgery or administering a lethal dose of a medication
• Your loved one died as a result of nursing home abuse or neglect

If you don’t see a scenario that fits your circumstances listed here, you should still contact one of our wrongful death lawyers to find out whether you may have a claim. 

If you believe the death of a loved one was wrongfully caused by accident or abuse, call Harrell & Harrell, P.A., at 904-251-1111 or toll free 1-800-251-1111 to speak privately with one of our Jacksonville wrongful death lawyers about our no cost, no obligation personal injury case consultation.

Wrongful Death FAQs

Wrongful Death with Holt Harrell

Legal Definition of a Wrongful Death

Under Florida law, a wrongful death occurs when a person’s death is caused by the wrongful act, negligence, default, or breach of contract or warranty of another party. In these cases, the surviving family members or the decedent’s estate may have the right to pursue compensation for the losses resulting from the death.

Wrongful death claims can arise from a wide range of situations where another party’s actions or failure to act led to a fatal outcome. These may include incidents involving negligence, unsafe conditions, or intentional misconduct.

Wrongful deaths can result from the following:

• Auto accidents
• Truck accidents
• Nursing home abuse
• Boat accidents
• Motorcycle accidents
• Work accidents

Auto Accident Wrongful Death

Some of the most common ways motor vehicle accidents lead to wrongful death claims include: 

• When the driver of the vehicle that hit the deceased was operating under the influence of drugs or alcohol
• When the driver of the vehicle that hit the deceased was disregarding a traffic safety law, such as speeding, changing lanes without signalling or disregarding a traffic signal
• When the driver of the vehicle that hit the deceased was distracted by texting or some other diversion
• When the driver of the vehicle that hit the deceased was sleep deprived and too tired to be operating safely

The best way to find out whether you may have a claim after a loved one was killed in a car accident is to schedule a free consultation with one of our wrongful death lawyers. An experienced attorney can investigate the crash and help determine who may be legally responsible. 

Truck Accident Wrongful Death

A truck driver or trucking company (or both) may be liable for wrongful death in several different circumstances. For example: 

• The truck driver may have been negligent in one of the many ways listed above, such as operating under the influence
• The truck driver may have violated federal safety regulations, such as limits on hours in service
• The truck driver or trucking company may have failed to maintain the vehicle in safe condition, causing or contributing to the accident
• The trucking company may have failed to properly vet the driver before hiring 
• The trucking company may have provided inadequate training and supervision
• The trucking company may have pushed the driver to violate federal safety regulations, such as driving for too many continuous hours

Our wrongful death lawyers will look into the culpability of the trucking company as well as the driver. Weather conditions, road defects and manufacturer defects can also play a significant role, making a prompt and thorough investigation crucial.

Nursing Home Abuse/Wrongful Death

Nursing homes are required by the Nursing Home Reform Act of 1987 to provide the “highest practicable” degrees of care to residents, including what’s needed to maintain their physical, mental, and psychosocial well-being. When a loved one who dies in a nursing home setting has been neglected or abused, this can lead to a wrongful death claim. Among other issues, nursing home neglect can be associated with: 

• Falls and resulting injuries
• Medication errors
• Malnutrition and/or dehydration
• Choking
• Untreated infection or sepsis
• Pressure sores

 When residents are not cared for to the appropriate degree, they may wander off and become injured. When this neglect or abuse leads to a wrongful death, it’s natural to want to discuss compensation.

Boat Accident Wrongful Death

When someone is driving a boat, he or she must exercise standards of care, similar to operators of cars and other motor vehicles. When that person’s driving causes an accident/wrongful death, they may be liable just like a negligent driver. Some of the most common causes of boating related wrongful death include operating the vessel under the influence of alcohol and inattentiveness. 

Motorcycle Accident Wrongful Death

Motorcyclists are especially vulnerable to road accidents due to their direct exposure to the other vehicle, the ground and objects. If your loved one was killed in a motorcycle accident that was the other driver’s fault, or if the accident was caused by dangerous conditions such as potholes or debris in the road, you may have a wrongful death claim. 

When you contact the Jacksonville wrongful death attorneys at Harrell & Harrell, P.A., we will investigate the actions of the other driver and circumstances surrounding the accident, as well as the vehicle manufacturer, road conditions and more, as they pertain to your claim.

Work Accident Wrongful Death

Wrongful deaths occur at the workplace, too, with manufacturing plants and construction sites being common locations for deadly accidents to happen. The wrongful death could occur because of an explosion or fall, malfunctioning machinery, dangerous chemical exposure or interaction and more. Wrongful death can occur through one specific accident, or can take place over long-term exposure to dangerous substances.

Many people assume they cannot file a wrongful death claim after a workplace death because workers’ compensation covers workplace injuries. The family may not be entitled to damages from the employer, but there may be third parties such as equipment manufacturers, property owners, and other contractors on the job site who may be liable. Even if you aren’t sure you have a claim, it is worthwhile to consult a local wrongful death attorney.

Call for a free consultation with a personal injury attorney today.

If your loved one was killed and you believe it was someone else’s fault, you may be entitled to compensation. Because prompt investigation can be extremely helpful in a wrongful death claim, we invite you to request a free case evaluation right away so our attorneys can discuss the unique aspects of your situation.

To set up that free appointment at our Jacksonville law office, contact us online or call us at 1-800-251-1111.

DON’T SETTLE FOR LESS THAN YOU DESERVE.^®

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