Wrongful Death Lawyers in Jacksonville
Serving Jacksonville, Jacksonville Beach and Clients throughout North Florida
Losing a loved one is a traumatic experience that no one should ever have to go through. But, when that death occurs because of someone’s negligence, the loved ones left behind can go through even further trauma.
When someone dies because of the negligence of another, this is considered a wrongful death case. Therefore, the surviving family members may have a claim for wrongful death and may be able to sue the responsible party for the loss of their loved one.
The Wrongful Death Lawyers at Hardesty, Tyde, Green & Ashton, P.A. in Jacksonville, Florida understand what you are going through. You have experienced an unexpected loss and we want to help you recover compensation for your deceased loved one’s funeral costs, medical bills, lost wages and even loss of financial support as well as your pain and emotional suffering.
What is a Wrongful Death Claim?
Wrongful death lawsuits are part of personal injury lawsuits. They hold a person or business responsible for causing another person’s death. As long as the death occurred because of the misdeeds or negligence of another, it is usually a wrongful death case.
There are a variety of circumstances that can lead to a wrongful death lawsuit, but some of the most common are:
- Auto accident
- Medical malpractice
- Defective products
- Job-related injuries
- Construction site accidents
- Motorcycle accidents
- Semi-truck accidents
No matter the cause, the survivors could be left to struggle emotionally and financially. There is often a void that can never be replaced, especially if the loss of their loved one is so unexpected.
As advocates for these types of victims, the Florida Injury Lawyer at Hardesty, Tyde, Green & Ashton, P. A. are committed to preserving the victims’ rights to receive compensation for their losses.
Do You Have a Valid Wrongful Death Case?
It is hard to tell if you have a wrongful death case or not, which is why you should enlist the help of a Wrongful Death Lawyer in Jacksonville via a free case evaluation. To prove a wrongful death case you must prove that:
- A person had a duty of care toward the deceased.
- That person violated their duty of care.
- The victim died because of that violation.
- The survivors are now entitled to damages because of the loss of their parent, sibling, child, spouse, etc.
What Compensation are Survivors Entitled To?
The heirs of a deceased may be entitled to compensation if the death was caused by negligence. The courts will receive several factors before deciding how much is fair for settlement. Some things they may look at and use to determine the settlement amount include:
- The amount of money the deceased contributed
- The loss of companionship factor
- The savings the deceased left behind
- The deceased’s earning potential if he or she had survived
- If there are children left behind
- How financially dependent the surviving family members were on their loved one
- The expenses the surviving family has encountered because of the loss of their loved one – such as funeral costs or medical expenses
While there is no amount of money that can bring back the loss of a loved one, the compensation is there to help financially support family members who have encountered a loss, and to ensure the responsible parties are brought to justice.
Wrongful Death FAQs:
Wrongful death laws are those that recognize that when someone dies as a result of someone else’s negligence or misconduct, the victim is not the only one affected. These laws protect the victim’s family members by holding the negligent person responsible and providing compensation for the victim’s survivors.
Yes. Even if the decedent was not employed at the time of the death, he or she may have contributed in a number of ways. For example, if the decedent was a stay-at-home mom, she contributed services, guidance and nurturing of the family and these contributions are considered in a wrongful death case. In addition, survivors are often entitled to changes for their pain and suffering as a result of the death.
Yes. A wrongful death claim is a civil claim brought on behalf of the family of the decedent. If the wrongful death occurred as the result of a crime committed by the negligent party then the state can decide to prosecute him or her criminally. Should a criminal case be brought by the state, a civil case may also be brought on behalf of the family.
Yes. The burden of proof, or what needs to be proved in a criminal case, is much higher and more strict than that necessary in a civil, or wrongful death, case. A good example of this is the well-known case of O.J. Simpson. Although he was found not guilty in criminal court, he was held civilly responsible for the same event.
In order to be successful and receive damages in a wrongful death claim, there are certain elements that must be shown. Those are:
- The death was caused by the defendant
- The defendant was negligent, or liable for the death
- There is a surviving spouse, children or other beneficiary
- Monetary losses were incurred because of the death
Although these elements seem straightforward, it is important to consult an attorney because even though it may not seem as though you are entitled under these elements, an attorney has the knowledge and experience necessary to interpret what cases qualify for a wrongful death claim.
To learn more about bringing a wrongful death claim, please contact the Jacksonville, Florida wrongful death attorney Hardesty, Tyde, Green & Ashton today.
Wrongful Death Lawyers in Jacksonville at Hardesty, Tyde, Green & Ashton, P. A.
If you lost a loved one due to someone else’s negligence, you may be entitled to compensation. The Wrongful Death Attorneys at Hardesty, Tyde, Green & Ashton, P.A. will work hard to establish negligence in your claim and we will thoroughly investigate the death of your loved one in order to identify all parties responsible. From examining police reports to interviewing witnesses, we will gather what is necessary to have a successful case.
Our attorneys are here to help you pursue justice and receive compensation. Contact us today to schedule your free, no obligation consultation.