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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 a devastating and unexpected loss, and we want to help you recover compensation for your deceased loved one’s funeral costs, medical bills, lost wages, and your 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. When the death occurred because of the misdeeds or negligence of another, it is 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 Lawyers at Hardesty, Tyde, Green, Ashton & Clifton are committed to preserving the victims’ rights to receive compensation for their losses.
Do You Have a Valid Wrongful Death Case?
It can be difficult to tell if you have a wrongful death case, 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 evaluate several factors before deciding how much is fair for settlement. Wrongful death damages can include:
- Pain and suffering
- Loss of campanionship
- Medical and funeral expenses
- Loss of earnings
- Loss of savings
While money cannot bring back the loss of a loved one, the compensation is there to help financially support family members who have encountered a devastating loss and to ensure the responsible parties are brought to justice.
Wrongful Death FAQs:
Do you have questions? We have answers. Here are some legal FAQs that our team of attorneys often receives from clients.
What is a wrongful death law?
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.
May I bring a wrongful death suit if the decedent did not have a job?
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.
Can I file a wrongful death claim if the negligent party is also being prosecuted by the state?
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.
If the negligent party is found innocent in a criminal case, can I still recover damages for wrongful death?
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.
What needs to be proven in a wrongful death claim?
If you are trying to recover damages through a wrongful death claim with success then there are a few key factors that must be proven. These include:
- The defendant was the individual who caused the death
- It must be proven that the defendant in question displayed negligence or is liable for causing 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 & Clifton 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 to identify all responsible parties. From examining police reports to interviewing witnesses, we will gather what is necessary to bring 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.
What constitutes a personal injury?
The most common personal injury is an auto accident, but the broad definition encompasses any situation where a person suffers harm due to the negligence of another person or entity. Early identification of a personal injury is important to the legal process. Many serious injuries occur each year involving:
– Auto accidents
– Premises liability accidents such as injuries caused by a slip and fall
– Medical malpractice/nursing home injuries
– Wrongful death
– Work-related accidents
– Animal attacks
– Faulty or malfunctioning products (product liability)