What is the Average Wrongful Death Settlement in Jacksonville?
No amount of money will reduce the pain and suffering caused by a wrongful death. However, the only remedy the justice system can offer a family who loses a loved one because of a wrongful death is a monetary award.
Understanding the average wrongful death settlement in Jacksonville can help you know what to expect as you proceed with a wrongful death action.
What Is Considered a Wrongful Death in Florida?
A wrongful death action is a civil lawsuit filed by family members whose loved one was killed intentionally or because of negligent conduct. A wrongful death can occur because of a variety of accidents and conduct.
Examples of situations that can result in a wrongful death include, but are not limited to:
- Motor vehicle accidents, including crashes involving cars, motorcycles, commercial trucks, pedestrians, and bicycles
- Accidents involving defective products (product liability claims)
- Slip and fall accidents and other premises liability claims
- Intentional acts of violence, including assaults and gunshot incidents
- Medical malpractice
- Workplace accidents and injuries
- Labor and birth injuries
- Boating accidents and swimming pool accidents
To recover compensation for a wrongful death, the family members must prove that the other party owed their family member a duty of care. The at-fault party breached the duty of care, and that breach of duty directly caused their family member’s death. If they can prove their case, they are entitled to compensation for damages.
What Is A Wrongful Death Settlement?
Many wrongful death cases are resolved through settlement negotiations. A settlement is an amount paid to the family members to resolve their wrongful death claim. Wrongful death settlements may occur before or after filing a wrongful death lawsuit.
What Types of Damages Are Included in Wrongful Death Settlements in Jacksonville?
The damages for a wrongful death action include economic and non-economic damages. The family members may file a wrongful death claim seeking compensation for their damages. In addition, the personal representative for the estate can file a survival action to recover damages the person would have received had they survived the injury.
Typical damages the family members can receive include:
- Loss of income from the injury date through the date of death
- Future lost wages the person would have earned had they lived
- Reasonable funeral and burial costs
- Medical bills the deceased incurred between the injury date through the date of death
- Loss of consortium
- Emotional trauma
- Loss of family services and household services the deceased would have provided
- Suffering the deceased experienced after the injury through their death
- Loss of guidance, support, love, and comfort the deceased would have provided
Each wrongful death action is unique. The value of damages depends on numerous factors. Calculating damages may require hiring expert witnesses to estimate the cost of future earnings and damages.
How Much Is the Average Wrongful Death Settlement in Jacksonville?
Because a person could earn millions of dollars over a lifetime, the average wrongful death settlement can range from $500,000 to over a million dollars. Your case could fall within that range or be a little lower or higher, depending on the specific facts and circumstances of your case.
The best way to know how much your case is worth is to talk with an experienced Jacksonville wrongful death lawyer.
What Factors Determine How Much a Jacksonville Wrongful Death Claim is Worth?
Numerous factors can impact how much money you receive for a wrongful death settlement. Some of the common factors that impact the value of a wrongful death claim include:
- The nature of the accident or injury that caused your family member’s death
- How long your loved one survived after the injury that resulted in their death
- The earning potential for your family member, including their education, skills, experience, and career
- Your family member’s life expectancy and age at the time of their death
- The financial effect of the death on the family members
Your family member’s fault can also impact how much you receive for a wrongful death claim. Florida’s contributory fault laws apply in wrongful death actions. Therefore, if a jury finds that your loved one contributed to the cause of their death, the amount of compensation awarded for damages could be reduced.
For example, suppose the jury members determine that your loved one’s actions contributed to the cause of the car accident resulting in their death. Therefore, the jury assigns 20% of the blame for the car crash to your family member.
The jury award for damages totals $3 million. Therefore, the amount you would receive for the claim would total $2.4 million. That amount equals the total awarded for damages less 20% for your loved one’s contribution to the cause of their death.
How Long Do I Have to File a Wrongful Death Claim in Florida?
The statute of limitations for most wrongful death claims is two years from the person’s death. However, there are exceptions to that rule. Therefore, you do not want to delay seeking legal advice for a wrongful death claim.
How Can You Recover a Fair Wrongful Death Settlement?
The strength of your evidence has a significant impact on the amount of a wrongful death settlement in Jacksonville. The family members have the burden of proving the elements of a wrongful death claim to establish liability for damages. The stronger the evidence proving wrongful death, the better your position to negotiate for maximum compensation for damages.
Hiring an experienced Jacksonville wrongful death attorney also increases your chance of receiving a fair settlement amount for your wrongful death claim. Lawyers have the resources to investigate your loved one’s death to gather evidence proving the case. Furthermore, a law firm has the resources to hire expert witnesses to assist in calculating future damages, including economists and financial professionals.
Insurance companies routinely undervalue wrongful death claims to avoid paying large settlement amounts. An insurance adjuster may try to shift the blame for the death to your loved one to reduce the value of the claim. Attorneys understand how to fight back against allegations of the contributory fault and handle other tactics used by insurance companies to avoid paying wrongful death claims.
Contact the Jacksonville Wrongful Death Law Firm of Baggett Law Personal Injury Lawyers Today For Help
Baggett Law Personal Injury Lawyers – Jacksonville
9471 Baymeadows Rd #105,
Jacksonville, FL 32256