Jacksonville Wrongful Death Lawyer

Let Our Firm Help You & Your Family Through This Difficult Situation

The unexpected loss of a loved one is devastating, and when that loss is due to someone else's negligence, it can be even more difficult to bear. At Burnetti, P.A., our Jacksonville wrongful death attorneys understand the emotional and financial challenges families face in the wake of such a tragedy. We are here to help you seek justice and hold responsible parties accountable, providing compassionate support and aggressive representation every step of the way.

Whether a loved one’s death resulted from a car accident, medical malpractice, a workplace incident, or another form of negligence, we can help you navigate the legal process. Our team is dedicated to pursuing the maximum compensation allowed under Florida law, helping you achieve a sense of closure and financial security during this trying time.

Contact us today at (888) 444-8508 for a free consultation.

What is Considered Wrongful Death?

In Florida, wrongful death occurs when a person’s life is lost due to the negligent, reckless, or intentional acts of another party. Wrongful death claims can arise from various situations, including but not limited to:

• Car, truck, and motorcycle accidents
• Medical malpractice and errors
• Workplace accidents
• Defective products
• Nursing home neglect or abuse
• Premises liability accidents (such as slip and falls)

Wrongful death claims differ from criminal cases. While criminal charges may also be pursued, wrongful death cases are handled in civil court, where the focus is on providing compensation to the surviving family members. At Burnetti, P.A., our Jacksonville wrongful death lawyers work diligently to investigate the details of each case, identify liable parties, and develop a compelling argument to maximize your compensation.

Who Can File a Wrongful Death Lawsuit in Florida?

Under Florida law, the right to file a wrongful death lawsuit is typically reserved for certain family members. Only the personal representative (executor) of the deceased person’s estate can initiate the claim. This individual may be named in the deceased’s will or may be appointed by the court if no representative was designated. While the representative files the claim, it is done on behalf of the surviving family members who are entitled to receive compensation.

In Florida, the following family members may be eligible to recover damages from a wrongful death claim:

• Spouse: The surviving spouse of the deceased may seek compensation for loss of companionship, mental anguish, and loss of support.
• Children: Minor children and adult children, in some cases, may recover damages for lost parental guidance, support, and companionship.
• Parents: In cases where a minor child is lost, parents may recover damages for pain and suffering, along with the financial loss associated with the loss of the child’s potential future earnings.
• Other Dependents: Certain financially dependent individuals may also be eligible for damages if they relied on the deceased for support.

Damages Recoverable in a Florida Wrongful Death Claim

The purpose of a wrongful death lawsuit is to provide financial relief to those who are left behind. The specific damages that surviving family members may recover vary depending on the unique circumstances of each case but often include:

• Medical Expenses: Costs related to medical treatment provided before the death.
• Funeral and Burial Expenses: Compensation for the expenses associated with laying your loved one to rest.
• Lost Income and Benefits: The estimated income and benefits the deceased would have provided if they had lived.
• Loss of Companionship and Protection: Damages for the emotional pain, suffering, and loss of companionship suffered by the family members.
• Mental Pain and Suffering: Compensation for the emotional trauma experienced by the surviving family members.

FAQs About Wrongful Death Claims

How Long Do I Have to File a Wrongful Death Lawsuit in Florida?

In Florida, the statute of limitations for filing a wrongful death claim is generally two years from the date of death. There are certain exceptions to this rule, but it is important to act promptly to preserve your rights.

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

Florida follows a comparative negligence rule, which means that if the deceased person was partially at fault for the incident, their family may still be eligible for compensation. However, the amount of compensation may be reduced based on the percentage of fault attributed to the deceased.

What is the Difference Between Wrongful Death and Survival Action?

In Florida, wrongful death and survival actions are separate legal claims. A wrongful death claim seeks compensation for the surviving family members' losses, while a survival action seeks damages for the pain, suffering, and medical expenses incurred by the deceased before they passed.

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

While it is possible to file a wrongful death claim on your own, having a skilled Jacksonville wrongful death lawyer can make a significant difference in the outcome of your case. An attorney can handle the complexities of the case, from investigating the incident and gathering evidence to negotiating with insurance companies and representing you in court if necessary. Our experienced team is here to protect your interests and work toward the best possible resolution.

Call (888) 444-8508 or complete our online contact form today to let our firm help you from start to finish.