"Whether it's a whiplash, serious injury or wrongful death case, we pride ourselves on representing you with the personal service and aggressive representation that you expect and deserve!" -Attorney Ron Sholes
Jacksonville Wrongful Death Attorney
Wrongful Death Cases in Duval County
There is nothing more difficult and painful in life than losing a loved one. When such a loss occurs suddenly, surviving family members are left to grapple with immense grief and unexpected financial hardships. If your loved one died due to the negligent or wrongful conduct of another person, company, or entity, you need and answers and you deserve justice.
At the Law Offices of Ron Sholes, P.A., we understand what you and your family are going through. Our Jacksonville wrongful death attorneys are here to answer your questions and guide you through the legal process. We know that no amount of financial recovery can undo the loss you have endured, but by bringing a successful claim, you can secure the financial resources you need to heal.
When Can You File a Wrongful Death Claim in Florida?
To have grounds for a wrongful death claim, one must demonstrate that the death in question was, indeed, “wrongful.” The state of Florida defines “wrongful death” as any death that results from negligent or wrongful actions/inaction, default, or breach of contract. Essentially, this means that when someone else’s carelessness, recklessness, or unlawful activity causes the death of an individual, that death is considered “wrongful” by law.
Wrongful death lawsuits often arise out of cases involving:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Unsafe premises
- Boating accidents
- Defective products
- Acts of violence
If you believe your loved one’s death occurred due to the negligent or wrongful conduct of another person, a business entity, a product manufacturer, or any other party, reach out to our firm to learn how we can help you protect your rights.
Who Can Recover Damages in a Florida Wrongful Death Case?
Florida law only permits the personal representative of the decedent’s estate to file a wrongful death claim. This claim is filed on behalf of the estate, as well as on behalf of certain surviving family members. When the decedent had a will, the personal representative will be someone the decedent named to handle the estate following their death. If the decedent died without a will, however, the court will appoint a personal representative. This person can then be the one to bring a wrongful death claim.
As previously mentioned, although only the personal representative can bring the claim, they do so on behalf of eligible surviving individuals, including:
- The decedent’s surviving spouse
- The decedent’s surviving child/children (if any)
- The decedent’s surviving dependents (blood relatives or adoptive siblings)
- The decedent’s surviving parent(s)
These individuals may be able to recover compensation in the wrongful death lawsuit for out-of-pocket financial expenses and intangible losses they have suffered due to the death. Additionally, the estate itself can recover for damages it directly paid in relation to the wrongful death.
Types of Damages That May Be Available
While every case is unique, and the exact type and amount of damages you may be able to recover could differ slightly, eligible surviving family members are often able to recover compensation for certain damages in wrongful death claims.
You could be entitled to receive compensation for:
- Any medical expenses you paid in association with your loved one’s final treatment and care
- Any funeral/burial expenses you paid directly
- The reasonable value of the services and support your loved one provided to you
- Emotional pain and suffering caused by the death of a child
- Loss of love, companionship, support, guidance, and protection
While individuals cannot recover compensation for lost income/earnings provided by the decedent, the estate can. Additionally, the estate may be able to recover compensation for medical and funeral expenses paid by the estate, as well as the loss of earnings the estate would have reasonably been able to collect had the decedent lived.
Put Our Compassionate & Trusted Team on Your Side
In the wake of a devastating loss, you need a legal team that will stand up for you and fight for the justice your family deserves. At the Law Offices of Ron Sholes, P.A., we will handle all of the details of your case so that you can simply focus on spending time with the ones you love. Our team offers compassionate support and personal attention; we take into account your specific needs and concerns. Throughout the process, your Jacksonville wrongful death attorney will be there to answer your questions and advocate for you every step of the way.