How to Pursue a Wrongful Death Lawsuit in Jacksonville, Florida?

When a person is killed due to the negligence or intentional actions of another individual, their family may choose to file a wrongful death lawsuit. These types of lawsuits are meant to provide financial compensation for the loved ones left behind after the tragic loss of their family member. 

Unfortunately, many people hesitate when it comes to filing a wrongful death lawsuit because they think that they won’t be able to prove that another person was at fault for their loved one’s death. However, this is not always the case. 

In this blog post, we will discuss if you can pursue a wrongful death lawsuit if someone dies as the result of another individual’s negligence or intentional actions. If so, we will explain the different elements that must be proved in order to win your case.

What Is Wrongful Death?

Wrongful death—and the lawsuit that proceeds it—is a type of civil lawsuit that can be filed by the family members of a person who has been killed due to negligence or the deliberate actions of someone. In other words, a wrongful death lawsuit can be filed if a loved one dies due to the actions of another person. A wrongful death lawsuit is meant to provide financial compensation to the family members who are left behind after the tragic loss of a loved one. 

Generally, the family of the person who loses their life due to someone else’s negligence or intentional actions is entitled to receive financial compensation from the person who caused their death. When the person who is at fault for the death is unable to pay the damages, the family members of the person who died can step in and file a wrongful death lawsuit.

Who Can File a Wrongful Death Lawsuit?

Any family member who has been left behind after the death of their loved one can file a wrongful death lawsuit. Although these types of lawsuits are often filed by the parents or spouse of the person who died, it’s important to note that any family member can file a wrongful death lawsuit. This includes any children and other loved ones who were dependent on the deceased person.

Proving Negligence in a Wrongful Death Lawsuit

In order to win a wrongful death lawsuit, you must prove that the person at fault for your loved one’s death was negligent. This means that you must show that the individual knew about a risk or threat, but failed to take the appropriate action to prevent harm from occurring. In other words, you must prove that the person should have known better. 

If your loved one was killed in a car accident, you must prove that the driver who caused the accident was negligent. Whether negligence can be proven in a wrongful death lawsuit will depend on the facts of the case. 

Generally, you must prove that the person at fault for your loved one’s death acted unreasonably in some way. You must also show that this negligence led to the death of your loved one. For example, imagine that a driver travels at an excessive speed on the highway and fails to notice a red light. 

When the driver accelerates, they fail to notice a pedestrian who is in the crosswalk. The driver fails to stop and hits the pedestrian, who dies as a result of the accident. In this situation, you must prove that the driver was negligent. You must also prove that the negligence directly caused the pedestrian’s death.

What Must Be Shown in a Wrongful Death Suit?

In addition to proving that the person who caused your loved one’s death was negligent, you must also show that your loved one was entitled to financial compensation. In other words, you must prove that your loved one suffered a financial loss as a result of their death. Often, wrongful death lawsuits seek compensation for the following types of losses:

1. Medical Bills: You might be entitled to compensation for any medical bills that remained unpaid after your loved one’s death. These might include bills for hospital visits, surgery, prescription medications, and other medical procedures that were performed on your loved one before they passed away.

2. Lost Income: If your loved one was going to work and was killed as a result of someone else’s actions, their income-earning potential might be reduced. If your loved one was the main provider of income for their family, this loss can have a significant impact. 

If a judge or jury decides that your loved one would have continued working and earning income up until the day they passed away, you might be entitled to compensation for their lost future income.

3. Loss of Companionship: The death of a loved one can have a significant impact on the people who knew and loved them. If your loved one was killed as a result of someone else’s actions, the financial loss might be significant. 

As a result, you might be entitled to compensation for the loss of companionship that you suffer through the death of your loved one. This might include compensation for the sad and painful feelings that accompany the death of a loved one.

4. Concluding Thoughts

When a loved one dies due to someone else’s negligence or intentional actions, the family members who are left behind might be able to file a wrongful death lawsuit. In order to win this type of lawsuit, the deceased person’s family must prove that the person who caused the death was negligent and that they were entitled to financial compensation.

Call The Doctor Lawyer Firm Today

At The Doctor Lawyer Firm, our team of experienced wrongful death lawyers has represented many families in Jacksonville, Florida, who have lost a loved one due to the negligence of another. 

We understand the devastation that a wrongful death can cause, and we will fight tirelessly to help you recover the damages you are entitled to. Get in touch with us today to schedule a consultation and to discuss how we can serve you.

Phone: 1-833-MEDMALS 

Website: Online form

The information in this blog post is for reference only and not legal advice. As such, you should not decide whether to contact a lawyer based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.