Filing a Wrongful Death Lawsuit in Jacksonville, FL | Jimenez Law Firm, P.A.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil legal action brought by the surviving family members or representatives of the deceased’s estate. It seeks to hold the responsible party accountable for their negligence or misconduct and secure compensation for the losses suffered by the surviving family. Common causes of wrongful death include:

• Automobile Accidents: Fatal crashes caused by reckless driving, DUIs, or distracted driving. Learn more about car accident claims.
• Medical Malpractice: Errors such as misdiagnoses, surgical mistakes, or failure to provide adequate care. Explore medical malpractice claims.
• Workplace Accidents: Fatalities caused by unsafe working conditions or equipment failures. Read about workplace injury claims.
• Premises Liability Incidents: Deaths resulting from dangerous property conditions, such as slip and falls or lack of security. 

According to the Florida Department of Highway Safety and Motor Vehicles, Jacksonville consistently reports a high number of fatal car accidents each year. This underscores the need for local families to understand their legal rights.

Key Elements of a Wrongful Death Claim

For a wrongful death lawsuit to succeed in Florida, specific legal elements must be established:

1. Negligence: The death must have been caused by the negligence, recklessness, or intentional actions of another party.
2. Breach of Duty: The responsible party must have owed the deceased a duty of care (e.g., drivers owe others a duty to drive safely).
3. Causation: There must be a clear connection between the breach of duty and the death.
4. Damages: Surviving family members or the estate must demonstrate that they suffered measurable losses as a result of the death.

Our attorneys meticulously gather evidence, consult experts, and analyze case specifics to build a strong argument for each of these elements.

Who Can File a Wrongful Death Lawsuit in Florida?

Under Florida law, the personal representative of the deceased’s estate typically files the wrongful death lawsuit on behalf of the survivors. Eligible family members who may recover damages include:

• Spouses: For loss of companionship and emotional support.
• Children: For loss of parental guidance and support.
• Parents: If the deceased was a minor or had no immediate dependents.

If you’re unsure of your eligibility, our attorneys can help clarify your legal standing. Contact us for more information.

Compensation in Wrongful Death Cases

Filing a wrongful death lawsuit can help families recover a range of damages to alleviate financial and emotional burdens. Compensation may include:

Economic Damages

• Funeral and Burial Expenses: These can average between $7,000 and $12,000 in Jacksonville.
• Lost Income: Compensation for the deceased’s future earnings and benefits.
• Medical Expenses: Costs incurred before the individual’s passing.

Non-Economic Damages

• Pain and Suffering: For the emotional toll on surviving family members.
• Loss of Companionship: Particularly for spouses and children.

Punitive Damages

In cases involving gross negligence, punitive damages may be awarded to deter similar behavior.

To see how we’ve successfully defended clients in similar situations, explore our case results.