Our firm understands the devastating grief a family will go through when one of their loved ones dies. Matters are often made worse when the death of the loved one was completely preventable and was caused by the negligence of another. While no amount of money could ever replace those lost in our lives, it is still important to protect the surviving family members and the decedent’s estate when a wrongful death occurs. This is so as creditors may make a claim against the estate for certain items such as doctor bills and hospitalization bills. An experienced Jacksonville wrongful death law firm can get you the compensation your family may be entitled to under the law. Without proper legal action, many times in the form of a wrongful death claim, the decedent’s family and estate may ultimately have to pay for these bills. We can assist you in your time of need by gathering the facts and going after the at-fault party when a legally sufficient claim may be made.
When a survivor or family member is burdened with medical bills due to the negligent or intentional actions of another, the real financial stress may seem overwhelming. A remedy for this situation is created in the Florida Wrongful Death Act, Fla. Stat. Ch. 768 et. seq. This statute is designed to assist the decedent’s family and estate to recover damages against the wrongdoer who was negligent in causing the death of the decedent in the first place. Indeed, the very legislative intent of the Florida Wrongful Death Act states:
“It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer.” Fla. Stat. Ch. 768.17.
This statute may be raised in a formal complaint where the death of a family member was due to the negligence of another. Our firm has the experience, skill, and tenacity to assist you and your family during this difficult time in your lives. If you have questions about a potential claim, contact our wrongful death attorney in Jacksonville, Florida for a free case evaluation today.
Under the Statute, survivors of the decedent include “the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters.” Fla. Stat. Ch. 768.18(1). Under the Act support “includes contributions in kind as well as money.” Fla. Stat. Ch. 768.17(3). Recoverable services “means tasks, usually of a household nature, regularly performed by the decedent that will be a necessary expense to the survivors of the decedent. These services may vary under the particular facts of each case.” Fla. Stat. Ch. 768.17(4). It is important you hire counsel who will assert all of the relevant sections of the Florida statutes to benefit your claim. An inexperienced legal advocate may not have the skill, resources, or stamina to fight hard on one of these cases. As a former insurance defense attorney, founding partner Timothy Armstrong understands how the negligent parties insurance carrier will fight to deny liability. They may claim it was the decedent’s fault or somehow the deceased party was partially to blame. In many instances these assertions are just common tricks and tactics they use to avoid paying for their insured’s negligent or intentional acts.
Importantly, the Florida Wrongful Death Act also allows the decedents family and estate to recover for “net accumulations,” or potential income had the decendent survived. Specifically, the statute describes net accumulations to mean “the part of the decedent’s expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of her or his estate if the decedent had lived her or his normal life expectancy.” Fla. Stat. Ch. 768.17(5).
The information provided above only breaks the surface of the depth of the Florida Wrongful Death Act and should be used for informational purposes only. The Statute itself is full of other important legal sections that also cover who may bring a wrongful death action and what other damages are recoverable. To navigate this statute, and the voluminous case law interpreting the Act, you should only retain a Jacksonville wrongful death attorney and law firm that has experience dealing with this statute.
Certainly, our law firm fully understands that dealing with potential litigation is the last thing a bereaving family wants to deal with following the death of a loved one. However, and as stated previously, it is still very important to consult with an experienced North Florida wrongful death lawyer if your loved ones death was due to the negligence of another.
If your family has unfortunately lost a loved one due to the negligence of another please call us for compassionate and knowledgeable legal representation with your potential legal claim.
There are numerous accidents that may give rise to a family member or loved one bringing a claim under the statute. Many of the causes of the wrongful death of a loved one we often see stem from the following:
The Law Office of Timothy Armstrong, P.A. has the experience, skill and resources to prosecute your wrongful death claim against the wrongdoer and negligent party. Call or email us today if you need an experienced and compassionate Jacksonville wrongful death lawyer and law firm. We can be reached at 904-356-8618 or online in the dialog box for a free consultation. Let us start helping you and your family today!