Jacksonville Wrongful Death Lawyers

Your Path to Justice for Your Loved One Starts Here

If a loved one has passed away in an accident that could have been avoided, you may be able to bring a wrongful death case in the state of Florida. At Edwards & Ragatz, P.A., we know that this does not alleviate grieving, but it can help you keep your head above water and support your family after unexpectedly losing someone. Let our team listen to your story, investigate the accident, hold the negligent party liable for their actions, and secure your entitled compensation, while you and your family focus on each other.

Contact our Jacksonville wrongful death attorneys today at (904) 295-1050} to schedule a free consultation and learn how we can help.

Common Wrongful Death Claims

Wrongful death happens when there is either a person or an entity who acts in a negligent or careless manner that results in the death of your loved one. Sometimes that means someone breached a legal obligation to keep your loved one safe. Sometimes it means that they did something that directly caused the death of your loved one. 

The most common wrongful death cases arise from the following:

• Auto accidents (such as cars, trucks, buses, boats, and motorcycles)
• Drownings in an unsafe facility
• Medical malpractice
• Construction accidents
• Dog attacks
• Defective products
• Acts of violence

These all warrant you bringing a wrongful death claim and will allow you to directly bring a case against the individual or entity who is responsible for the death of your loved one. Because wrongful death cases have the potential to be entirely complicated, it is so important to hire a competent attorney to help you. 

Our Jacksonville wrongful death lawyers have handled many cases like yours and will be more than glad to take on yours. You deserve to have your case be a priority, and we want to ensure that you are being taken care of.

Florida Wrongful Death Laws

Wrongful death cases in Florida are governed by the Florida Wrongful Death Act. This law outlines who may bring a claim, what damages are recoverable, and how compensation is distributed among surviving family members.

Under Florida law, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. This individual pursues the claim on behalf of the estate and eligible survivors, such as spouses, children, and parents.

Florida also imposes a statute of limitations on wrongful death claims. In most cases, families have two years from the date of death to file a lawsuit. Certain exceptions may apply, but missing this deadline can result in losing the right to seek compensation. Consulting a Jacksonville wrongful death lawyer as soon as possible helps preserve critical evidence and ensures your case is filed on time.

Who Can File a Wrongful Death Lawsuit in Florida?

Only the personal representative of the deceased’s estate can file a wrongful death lawsuit in Florida. This person is appointed through the probate court and acts on behalf of the deceased’s estate.

The beneficiaries are the individuals who may receive compensation if the lawsuit is successful. They are categorized as follows:

• Surviving Spouse: The spouse of the deceased is entitled to recover damages. This includes compensation for the loss of companionship, support, and other related losses.
• Children: The deceased’s surviving children are also eligible to receive damages. This includes both minor and adult children.
• Parents: If the deceased was a minor or did not have a spouse or children, the surviving parents can be beneficiaries.
• Other Dependents: If there are no surviving spouse, children, or parents, other dependents or relatives who were financially dependent on the deceased may also be considered, but this is less common and subject to specific legal provisions.

Compensation in Wrongful Death Cases

Losing a loved one due to someone else’s negligence or wrongdoing is a devastating experience, and families are often left facing emotional and financial hardships. Fortunately, Florida law allows surviving family members to seek compensation through a wrongful death lawsuit, holding responsible parties accountable for their actions.

Wrongful death cases typically involve two separate legal claims: a wrongful death action and a survival action. While both are often pursued together, they serve different legal purposes and allow for different types of compensation to be recovered. A wrongful death action is brought on behalf of the surviving family members for their personal losses, while a survival action is pursued by the deceased’s estate to recover damages the victim could have claimed if they had survived.

When a wrongful death action is filed, the surviving family members may be entitled to compensation for:

• Medical expenses incurred before the victim’s passing.
• Funeral and burial costs to cover end-of-life arrangements.
• Loss of financial support based on the victim’s earnings and expected future income.
• Loss of benefits and inheritance the deceased would have provided to their family.
• Loss of companionship, care, and guidance suffered by a spouse, children, or parents.
• Mental and emotional suffering endured by surviving family members.

A survival action, on the other hand, allows the estate to recover compensation for the damages the victim personally experienced before passing. This may include:

• The deceased person’s pain and suffering before death.
• Medical bills and treatment costs accumulated before passing.
• Lost wages and earnings from the time of injury to the time of death.
• Property damage resulting from the accident (if applicable).

Unlike a wrongful death action, where compensation goes directly to surviving family members, a survival action’s compensation is distributed through the estate according to the deceased person’s will or Florida’s inheritance laws.

Every wrongful death case is unique, and the value of a claim depends on several factors, including the age, health, and income of the deceased, the circumstances of their death, and the extent of losses suffered by the surviving family members. Insurance companies often attempt to minimize payouts, but an experienced wrongful death attorney can ensure families receive full and fair compensation for their losses.

At Edwards & Ragatz, P.A., we understand the overwhelming burden families face after a wrongful death. Our firm is committed to fighting for justice and maximizing compensation so that families can focus on healing. 

Additional Wrongful Death Information

Download the free Edwards & Ragatz P.A. Wrongful Death Guide today for more information regarding what to do if you believe your loved one wrongfully passed away at the hands of negligence or carelessness.

View Resources

Wrongful Death FAQs

How long do wrongful death cases take?

The timeline varies depending on the complexity of the case, the number of parties involved, and whether the case settles or goes to trial. Some cases resolve in months, while others may take longer.

Do all wrongful death cases go to court?

No. Many wrongful death claims are resolved through settlement negotiations. However, if the opposing party refuses to offer fair compensation, litigation may be necessary.

Can multiple parties be held liable?

Yes. In some cases, more than one individual or company may share responsibility, such as an employer, manufacturer, or property owner.

What if my loved one was partially at fault?

Florida follows a comparative negligence system. Depending on the circumstances, compensation may still be available even if the deceased shared some responsibility.

Choosing a Wrongful Death Lawyer in Jacksonville, FL

The way to win a case like this is to resolve it through negotiation outside of the court system with the help of our strong, experienced, and dedicated team of Jacksonville wrongful death lawyers. Because wrongful death cases have the potential to be intricate and complicated, it is so important to hire a competent attorney to help you. Our Jacksonville wrongful death lawyers at Edwards & Ragatz, P.A. have handled many cases like yours and are ready to help you. We want to ensure that you are being taken care of, and you deserve to have your case treated as a priority.

When you work with Edwards & Ragatz, P.A., our team will:

• Conduct a thorough investigation into the cause of death
• Identify all liable parties and insurance coverage
• Gather medical records, accident reports, and expert testimony
• Handle negotiations with insurers and defense attorneys
• Prepare your case for trial if a fair settlement is not offered

We’re looking forward to speaking with you regarding your potential wrongful death case and working towards the healing you deserve. Unmatched compassion with record results: that’s our promise.

If your loved one was wrongfully killed due to negligence, every second counts. Contact our dedicated team today by calling (904) 295-1050 for your free and confidential consultation.