Jacksonville Wrongful Death Lawyers
Representing Families in Cases of Negligence Resulting in Loss of Life
Any death carries significant emotional and financial consequences. If the death was the result of negligence on the part of an individual or a corporation, the issues are even more complex. Our wrongful death lawyers have the experience and compassion to provide clients with support and sound legal counsel.Â
No sum of money can bring back the loved one and sometimes the family has feelings of guilt, perhaps because they feel like they are putting a price on a person's life. Unfortunately, a monetary award is the only way civil law can recognize the value of the victim's life, compensate for the death and subsequent losses, and penalize the party or parties at fault.
To speak with a Coker Law attorney about your case or for more information, call (904) 299-0808 or contact us online to schedule a free consultation.
What Is a Wrongful Death Lawsuit?
In Florida, wrongful death refers to a situation where a person's death is caused by the misconduct or negligence of another party. This can include incidents such as car accidents, slip and falls, medical malpractice, defective products, or intentional acts like crimes.
To file a wrongful death lawsuit in Florida, the personal representative (also known as an executor) of the deceased person's estate must take legal action on behalf of any surviving family members.
Is a Wrongful Death Case the Same as a Criminal Charge?Â
No. A wrongful death case is a civil lawsuit, separate from any criminal charges that may be brought against the responsible party. The burden of proof in a civil case requires the plaintiff to establish liability by a "preponderance of the evidence," whereas a criminal case requires guilt to be proven "beyond a reasonable doubt."
Who Can File a Wrongful Death Lawsuit in Florida?
In Florida, a wrongful death lawsuit can only be filed by the personal representative of the deceased person's estate. This individual is typically named in the deceased’s will or estate plan. If there is no designated representative, the court will appoint one.
The lawsuit is filed on behalf of the deceased person’s survivors, which may include:
- Spouse: The surviving spouse of the deceased can recover damages for loss of companionship, protection, and mental pain and suffering.
- Children: Minor children (under 25 years old) and adult children (in certain circumstances) may seek damages for loss of parental guidance, companionship, and mental pain and suffering.
- Parents: Parents of a deceased minor child can recover damages for mental pain and suffering. In some cases, parents of an adult child may also seek damages if there are no other survivors.
- Other blood relatives or adoptive siblings: If they were dependent on the deceased for support or services, they may also be eligible to recover damages.
Wrongful death claims must be filed in a single lawsuit with the personal representative acting on behalf of all eligible survivors. Florida’s wrongful death statute is complex, but an experienced attorney can help make sure that a claim is filed properly.
How Long do I Have to File a Wrongful Death Lawsuit in Florida?
The statute of limitations for filing a wrongful death lawsuit in Florida is generally two years from the date of the decedent's death, except for cases involving murder or manslaughter, where there is no time limit for filing.
What Damages Can I Recover in a Wrongful Death Lawsuit?
Although it is very difficult, if you have lost a loved one, you should address legal issues as early as possible. If you are a relative of the deceased, you may have a wrongful death claim. Once one of our wrongful death lawyers has the facts in your situation, they will explain what damages can be claimed.
These may include compensation for:
- Pain and suffering associated with grief and sorrow
- Medical bills and funeral expenses
- Loss of support from future earnings
- Loss of benefits such as pensions and insurance coverage
- Loss of a future inheritance
- Loss of companionship
Our attorneys have the knowledge and skills to effectively pursue and prove a wrongful death claim. We have helped numerous clients to receive the compensation required to meet their needs and move forward with their lives.
How Do You Prove a Wrongful Death Case?
To prove a wrongful death case, you must establish that the defendant had a duty of care to the deceased, that they breached this duty through negligence or wrongful acts, that this breach directly caused the death, and that the survivors suffered damages as a result. Accident reports, medical records, expert testimonies, and witness statements are common forms of evidence used to proving the elements of a wrongful death case. An experienced attorney can evaluate your case to determine the best course of action. Â
In Florida, What Should I Look for in a Wrongful Death Attorney?
Experiencing the death of a loved one in a fatal accident is one of the most difficult things to face. While no legal action can erase the emotional pain you are feeling, speaking with an attorney is a good idea. Coker Law attorney Fraz Ahmed shares what you should look for when making this very important decision.
A good lawyer can help you and your family recover the compensation you need to ease the financial burdens you are facing. We believe it is important to interview several attorneys to help you feel more confident in your final choice. The attorney you ultimately work with should be someone willing to personally invest the needed time and resources into your case while always being willing to proceed with litigation.
Ask yourself the following three questions to help determine whether an individual possesses these traits:
Does This Attorney Meet With Me Personally?
A wrongful death attorney serves two important functions:
- To take the necessary actions to secure fair compensation for the damages you suffered.
- To help guide you and your family through this nerve-wracking process.
To better accomplish both goals, the attorney working on your case should meet with you in person during all meetings. By being present during all appointments, the attorney is showing that they want to get to know you and your family on a very personal level.
These personal connections extend into the courtroom by assisting the attorney in the creation of persuasive arguments. Jurors can tell whether the attorney truly believes what they are saying. If your lawyer is committing the time to understanding your situation fully, that will come through when they advocate for you in court. If the attorney does not show up for these meetings, that is a serious red flag.
Do I Feel Comfortable Working With This Attorney?
Your attorney should be willing to do whatever is necessary to make you feel more at ease. Instead of requiring you to come to their office, a good wrongful death attorney may offer to meet you at your home or in a public place that is more comfortable and convenient for you.
To reduce any uncertainty you have about the legal process, your lawyer should be willing to talk through the next steps.
Is This Attorney Willing To Go To Trial?Â
Whether your case goes to court or you reach a pretrial settlement, you should have a lawyer who is known for aggressive litigation on behalf of their clients. If you are working with a lawyer who rarely tries cases, insurance companies become more inclined to offer a subpar settlement that fails to adequately compensate you for your loss.
Do not be afraid to ask an attorney how many cases they try and how many cases they have won. You do not want to put the rest of your life in the hands of a lawyer who rarely enters the courtroom. Comparing several attorneys’ trial records can make the difference when ultimately choosing the right attorney for your situation.
The majority of damages in Florida wrongful death cases are for loss of companionship and loss of service. These are difficult damages to obtain, which is why it is so important to speak with an attorney about your unique situation.
Contact Coker Law for Experienced Guidance in Wrongful Death Claims
Fraz Ahmed is a member of Super Lawyers.  Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations.
Mr. Ahmed can be reached at his email address:Â [email protected]
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