When someone acts recklessly or negligently, and their behaviors cause injury to others, this reckless or negligent party is responsible for these injuries, and therefore the financial damages that the victim suffers. However, in some cases their reckless or negligent actions may be fatal, meaning that there is an entirely additional level of complexity to the tort case, as well as to the long-term financial and emotional implications of losing a loved one. This is known as wrongful death, and there are a number of surviving family members or legal beneficiaries in this situation who may be able to seek compensation for their losses.
We Are Here To Help
If you have lost a loved one in an accident that was the result of someone else’s actions (or inactions), then you may be legally entitled to compensation for a range of damages, going well beyond the financial impacts that this loss will have on your life. At the same time, we at Fasig | Brooks understand that you are dealing with a significant amount of trauma and loss in your personal life, which is why we pride ourselves on our ability to guide clients through the entire legal process in these particularly sensitive times of their life.
Our award-winning law firm and the team of personal injury attorneys in Jacksonville are available to give you the support that you need and deserve through this difficult time and to help you get the compensation that you are entitled to. We understand that there is no amount of money that will undo the tragedy that you have endured with the loss of your family member or loved one, but with adequate compensation, you will be able to focus on recovering and getting your life back on track without additional worries.
Contact Us For An Initial Consultation Today
Read below to get a better idea of how a tort case for wrongful death works, and contact us now in order to begin working on your own case today. The sooner you contact us about your case, the sooner we will be able to take this type of stress off of your plate so that you can give your attention to your personal needs. The healing process after this type fo tragic experience is important and difficult, and if you are trying to manage a legal case on your own at the same time, it can be completely overwhelming.
What Is Wrongful Death?
In order to understand the legal term “wrongful death,” it is first important to understand what constitutes a personal injury under tort laws. Simply put, a personal injury that is covered by tort law is one that is caused by someone acting negligently or recklessly—failing to uphold their duty of care in the specific situation—and causing an accident where an innocent victim is injured. This can happen in any number of scenarios; for example, a drunk driving accident, an avoidable medical error, or a fall on a broken staircase in a public area.
In a wrongful death case, there is the additional complication of a fatality, meaning that the victim was killed as a result of the defendant’s failure to uphold their duty of care. However, a wrongful death case is handled essentially the same as any other personal injury case, in that it seeks measurable damages for the victim (in this case, the surviving loved ones) either directly from the defendant, or from their insurance policy that covers the accident.
Seeking Damages In a Wrongful Death Claim
As with any tort case, the central question is that of compensation for the victim. In the case of a wrongful death claim, there are a few differences in both the types of damages and how to calculate these damages, as opposed to a non-fatal tort case. However, there is a significant overlap in these cases, as both are based on tort law and civil legal action.
Economic Damages In Wrongful Death
Economic damages make up the basis of all tort claims and seek compensation for all of the measurable financial impacts of the accident. In a wrongful death claim, economic damages will include the medical costs of treatment before death, as well as any other costs resulting from care. Additionally, the claim will take the financial contributions of the deceased into serious consideration, especially if they were the main contributor to the family members left behind.
If the deceased contributed to anything in the family that had a measurable financial impact, then these contributions will be included in our calculations so that you have the necessary finances to pay for these services if necessary, or otherwise mitigate any financial impacts that this loss of services will have on you and your family.
There are many other economic damages that are factored into a wrongful death claim, as well, and each is specific to your family situation, your relationship to the deceased, and more. When you are working with a team as thorough as the Jacksonville wrongful death lawyers at Fasig | Brooks, you can be confident that no possible damage will be left unconsidered, and that we will be fighting to get you every dollar you deserve.
Non-Economic Damages In Wrongful Death
Non-economic damages can be much more difficult to calculate than economic damages, for a variety of reasons. First, non-economic damages are intended to financially compensate a victim for seemingly immeasurable impacts that the accident has had on their life. They include things like the pain and suffering of an injury (in this case, the pain and suffering that the deceased endured before their wrongful death), the loss of companionship, and more.
Losing a loved one has a significant impact on the surviving family unit, and although it is impossible to truly place a value on this impact, an experienced personal injury attorney will be able to make a strong argument for getting you the money that you deserve. Financial compensation will not undo the non-economic impacts of this loss, but will at least provide the surviving family members with financial support so that they can prioritize healing without worrying about their financial needs.
Frequently Asked Questions About Wrongful Death Claims in Jacksonville
The following are just a few examples of questions that we will be happy to answer for you, whether during our initial consultation or throughout the time that we work together. Nearly all questions in a personal injury case have a simple answer and a complicated answer. The following are the “simple” answers meant to give you a general idea of how we will be able to work to find the complicated answer throughout our claim investigation.
Who can file a wrongful death claim in Florida?
The most common plaintiffs in a wrongful death claim are as follows:
- Spouse, children, or parents of the deceased
- Any blood relative who is dependent on the deceased’s financial support
- A representative of the deceased’s estate
There may be situations that do not fall under these guidelines, but they will require a closer look in order to determine eligibility. Contact us now for your free case evaluation so that we can determine whether or not you are able to file a wrongful death claim in Jacksonville.
What is the statute of limitations for a wrongful death claim in Florida?
The statute of limitations in Florida for a wrongful death claim is two years after the death. There are, however, certain situations that may entitle the plaintiffs to an extension on this deadline, but having this extension approved is rare and will require extensive work by a lawyer.
While the statute of limitations may indicate that you have time to settle into this loss before taking legal action, it is essential that you begin the process as soon as possible. Our team understands that you are likely emotionally overwhelmed right now, which is why we will be happy to take your case as soon as possible and then work to keep as much of the legal stress out of your life as possible. We will be able to use this time to build a case or negotiate directly with the defendant’s representatives, which may give us a better chance of reaching a settlement agreement and avoiding a trial altogether.
Do I need a lawyer to help with a wrongful death claim in Jacksonville?
Technically speaking, you do not need a wrongful death lawyer to file a claim in Florida, but the benefits of working with an experienced attorney are significant. From the moment you first partner with a lawyer, you will be able to focus on your own personal needs and recovery without having to take on the burden of a complicated legal case, especially one that will continuously remind you of this horrible loss.
When you have an attorney handling your case, you can take this major stress from your mind and instead simply take advantage of this peace of mind so that you can prioritize your own needs and the needs of your family.