Wrongful Death Lawyer in Jacksonville

Losing a loved one can be heartbreaking, especially when their death could’ve been prevented. If you’ve lost someone due to another party’s negligence, a Jacksonville personal injury lawyer can help you seek justice.

Since 2013, Blakeley Law Firm has recovered more than $200 million for our clients. If you’ve lost someone you love in an accident that wasn’t their fault, a wrongful death lawyer in Jacksonville can help you pursue compensation.

Why Hire a Jacksonville Wrongful Death Lawyer?

If you’ve lost a loved one due to negligence or misconduct, an attorney can:

• Investigate the incident: A lawyer can gather police reports, witness statements, and expert opinions to build a strong case.
• Identify all liable parties: An attorney can determine who’s responsible for your loved one’s death.
• Calculate your claim‘s value: A lawyer can assess all economic and non-economic damages to determine the value of your claim.
• Negotiate with insurance companies: A lawyer can deal directly with insurers and protect you from lowball settlement offers.
• Represent you in court: If a fair settlement isn’t reached, an attorney can advocate on your behalf at trial.

A Jacksonville wrongful death lawyer can provide invaluable support and advocacy during this difficult time.

How Much Does a Wrongful Death Lawyer Cost in Jacksonville?

The wrongful death lawyers at Blakeley Law Firm work on a contingency fee basis, meaning you pay nothing upfront. Instead, your attorney collects a predetermined percentage of your final settlement or court award. If there is no recovery, you don’t owe anything.

How Much Is My Wrongful Death Case Worth?

No two wrongful death cases are the same. The value of your claim will depend on several factors specific to your situation. A Jacksonville wrongful death attorney can evaluate your case and estimate your claim’s worth.

Types of Compensation You Can Recover

In Florida, families may be eligible for several types of compensation in a wrongful death claim, such as:

• Medical expenses: You can recover the cost of the deceased’s final medical treatment.
• Funeral and burial costs: You can seek reimbursement for funeral and burial expenses.
• Loss of income: You can claim the financial support your loved one would have provided.
• Loss of companionship: You can recover compensation for the emotional impact of losing your loved one.
• Pain and suffering: You may be compensated for the mental anguish and suffering caused by the loss.
• Punitive damages: In cases involving gross negligence, you can pursue additional compensation meant to punish the wrongdoer.

A wrongful death attorney in Jacksonville can help identify all applicable types of damages.

Who Can File a Wrongful Death Lawsuit in Florida?

According to Florida law, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. A claim can be filed on behalf of certain surviving family members, including:

• The deceased’s spouse
• Children
• Parents
• Blood relatives or adoptive siblings who were financially dependent on the deceased

If you’re unsure whether you’re eligible to file a claim, a Jacksonville wrongful death attorney can review your case.

Do I Need a Lawyer to File a Wrongful Death Claim?

Technically, you can file a wrongful death lawsuit without a lawyer, but it’s not recommended. These cases are often met with strong resistance from insurance companies and opposing attorneys who are determined to dispute liability and minimize payouts.

An attorney can protect your rights and ensure you don’t get shortchanged during this already painful time.

What Is the Statute of Limitations for Wrongful Death Lawsuits in Florida?

Florida imposes a two–year statute of limitations on wrongful death claims, starting from the date of death. If you miss this deadline, you may lose your right to seek compensation.

In rare cases, such as those involving medical malpractice, exceptions may apply. A Jacksonville personal injury attorney can make sure you file your lawsuit on time.

How Do I Prove Negligence?

To win this kind of case, you must prove that the defendant’s negligence or wrongful actions caused your loved one’s death. This requires establishing four key elements:

• Duty of care: The defendant had a legal duty to act reasonably toward the deceased.
• Breach of duty: The defendant failed to uphold that duty, either through negligence or misconduct.
• Causation: The breach directly caused the injury or death.
• Damages: The death resulted in measurable losses to the surviving family.

A personal injury attorney in Jacksonville can collect evidence such as accident reports, medical records, witness statements, and expert opinions to establish fault.

Can I File a Claim if My Loved One Was Partially at Fault?

Yes. Florida’s modified comparative fault rule dictates that as long as your loved one was less than 51% at fault, you can still recover damages for their death. However, the amount you receive will be reduced based on your loved one’s percentage of fault.

Tips for Dealing with Insurance Adjusters

Insurance adjusters are not on your side. They’re trained to employ deceptive tactics to minimize payouts. Here’s how to deal with them:

• Avoid giving recorded statements without your lawyer present.
• Don’t accept the first settlement offer. It will probably be lower than what your case is worth.
• Stick to the facts when communicating and avoid speculating about your loved one’s cause of death.
• Refer all questions to your lawyer to avoid saying something that could hurt your case.
• Keep documentation of all interactions, letters, and settlement offers.

Letting your attorney handle these conversations is the safest way to protect your rights.

How Does the Wrongful Death Legal Process Work?

In this kind of case, the legal process typically involves the following steps:

1. Investigation: Your attorney will investigate the circumstances of the death to determine whether you have a viable case. They can also use this time to gather evidence.
2. Filing the complaint: A claim is officially initiated when the deceased’s personal representative files a complaint in civil court.
3. Discovery phase: Both sides exchange information and evidence. This may include depositions and interrogatories.
4. Negotiation or mediation: Many cases settle out of court. During this phase, your lawyer will negotiate for a fair settlement.
5. Trial: If settlement negotiations fail, the case proceeds to trial, where a judge or jury will decide the outcome.

What Percentage of Wrongful Death Cases Go to Trial?

The vast majority of wrongful death cases settle out of court. Most of the time, both parties prefer to avoid the time, cost, and uncertainty of a trial. Cases are more likely to go to court in the following scenarios:

• When liability is heavily disputed
• If the insurance company offers an unfair settlement
• When the case involves multiple defendants or high-dollar claims

An attorney can make sure you’re prepared to go to trial if that’s what it takes to secure fair compensation.

How Hard Is It to Win a Wrongful Death Lawsuit?

Winning this kind of lawsuit can be challenging. Insurance companies and defense attorneys often try to deny liability, minimize payouts, or shift blame to the deceased. Factors that can complicate a case include:

• Lack of clear evidence of fault
• Conflicting witness accounts
• Pre-existing medical conditions
• Disputes over the value of damages

An experienced lawyer can greatly improve your odds of achieving a favorable outcome.

What Happens if You Lose a Wrongful Death Lawsuit?

If you lose a wrongful death lawsuit in Florida, you will not receive compensation for your losses. However, if your attorney believes that the judge made a legal error or that your case was unfairly handled, you may be able to appeal the decision to a higher court.

How Long Does It Take to Settle a Wrongful Death Case?

It can take anywhere from a few months to several years to settle a wrongful death case. Your case’s timeline will depend on numerous factors, such as:

• The number of parties involved
• Whether there are disputes over liability
• Whether there are delays with the insurance company
• The court’s schedule

An attorney can give you a better estimate once they review the facts of your case.

How Are Wrongful Death Settlements Divided?

In Florida, the court typically divides a wrongful death settlement based on each person’s level of dependency on the deceased, as well as the strength of their relationship. State law prioritizes certain survivors, including:

• The spouse
• Children
• Parents
• Any blood relatives or adoptive siblings who depended on the deceased

How Are Wrongful Death Settlements Paid Out?

Wrongful death settlements can be paid out as a lump–sum payment or through a structured settlement. The method of payment is usually negotiated as part of the settlement agreement. Before the beneficiaries receive any funds, the following costs are deducted from the total settlement amount:

• Attorney’s fees and case expenses
• Court costs
• Outstanding medical bills related to the death
• Liens (if any)

An attorney can help structure the payout in a way that best supports your family’s future needs.

What Qualifies as Wrongful Death in Florida?

According to Chapter 768 of Florida law, a death qualifies as “wrongful” when it is caused by someone else’s negligence, wrongful act, breach of contract, or default. This includes both intentional and unintentional actions.

What Is the Difference Between Wrongful Death and Survival Action?

In Florida, wrongful death actions and survival actions serve different purposes, which are broken down as follows:

• Wrongful death actions are filed on behalf of surviving family members to recover damages such as lost income and funeral costs.
• Survival actions are brought by the estate to recover damages the deceased could have claimed if they had survived. These damages may include medical bills, lost wages, and pain and suffering before death.

A wrongful death lawyer can help determine the best strategy for your situation.

Common Causes of Wrongful Death

Wrongful death can occur for many reasons, including:

• Motor vehicle accidents: Car, truck, and motorcycle crashes are leading causes of fatal injuries.
• Medical malpractice: Mistakes made by doctors, nurses, or hospitals can result in preventable deaths.
• Workplace accidents: Unsafe job conditions (especially in construction and manufacturing) often lead to fatal incidents.
• Defective products: Poorly designed or manufactured items can have deadly consequences.
• Criminal behavior: Assault, manslaughter, and other violent crimes are common reasons for wrongful death lawsuits.

Contact a Wrongful Death Attorney in Jacksonville

If you’ve lost a loved one due to negligence or misconduct, it’s important to seek legal help as soon as possible. A Jacksonville wrongful death attorney from Blakeley Law Firm can assess your case, explain your options, and help you pursue the compensation you’re entitled to.

We are proud to be Jacksonville’s most well-known personal injury lawyer. But what does that mean for you? It means we are truly local and committed to fighting for our fellow residents. We also prioritize communication, consistently keeping you updated on your case and always calling you back.

In other words, we are here for you during this tragic time. While no amount of money can ever replace your loved one, a wrongful death claim can offer financial relief.

Schedule a free consultation to discuss your case today.