Did you recently lose a family member in a fatal accident in Jacksonville, Florida? If someone else caused the death of your loved one, the Jacksonville wrongful death lawyers at Baggett Law Personal Injury Lawyers will help you fight for compensation for your suffering, loss of companionship, and lost family income.
Our award-winning lawyers have more than eight decades of combined experience litigating tough cases. Since 2012, we’ve recovered tens of millions of dollars for families throughout Northeast Florida devastated by tragic accidents.
With Baggett Law Personal Injury Lawyers, you’ll always get personal attention throughout your case. Contact our Jacksonville, FL law firm today at (904) 396-1100 for your free consultation. Let’s get started helping you get the financial support you need for your family.
How Our Jacksonville Personal Injury Lawyers Can Help After a Fatal Accident
We know it’s painful to think about the circumstances that caused your family member’s death. You don’t have to go through this difficult time alone.
Our compassionate Jacksonville personal injury attorneys can:
- Conduct a comprehensive investigation to determine the cause of your loved one’s death
- Interview witnesses to lock down their version of events
- Hire experts as needed to support your damages
- Handle all claims and communications with insurance companies
- Negotiate for a settlement that fairly compensates you for your loss
- Send a top-rated trial lawyer to advocate for you in court, if necessary
We have hundreds of cases under our belts. We’re highly skilled negotiators, but we’re equally at home in the courtroom. As seasoned litigators, we’re never afraid to face a jury to fight for justice for your family.
How Do I Know if I Have a Wrongful Death Case?
You could potentially have a wrongful death case if a spouse, child, or parent was fatally injured in an accident caused by someone’s negligence.
Wrongful death cases can arise from:
- Car accidents
- Truck accidents
- Uber & Lyft accidents
- Bicycle accidents
- Motorcycle accidents
- Pedestrian accidents
- Medical malpractice
- Defective products
- Child injuries
- Birth injuries
- Workplace accidents
- Slip and fall and other premises liability accidents
- Bus accidents
- Boating accidents
- And more
We know this is an unbearable time. The best thing you can do for your family right now is to come in and get a free case evaluation. That will give you a better idea of all of your legal options.
We’ll walk you through every aspect of the case. We’re always here when you need us.
How Much Is My Wrongful Death Case Worth?
Each case is unique. We really can’t give you an informed answer until we know more about your specific case.
Calculating damages in wrongful death cases is a little different from other personal injury cases because most compensation is for future losses.
Factors that will generally affect the value of your case include:
- The nature of the accident
- Whether the victim suffered for a length of time before death
- The age and life expectancy of the victim at the time of the accident
- The earning potential of the victim at the time of the accident
- The financial effect on the victim’s family
- The age and life expectancy of survivors
- Whether the victim was in any way at fault for the accident
We meticulously analyze everything about your case to look for ways to maximize your award. We hate seeing insurance companies try to take advantage of people who are grieving. We push them to pay what they rightfully owe you and your family.
What Kind of Damages Are Available After Fatal Accidents in Jacksonville?
You can recover damages for all expenses related to the death of your loved one. You can also recover for your own suffering and the financial effects of lost income and companionship.
Your lawsuit could potentially include two separate causes of action—wrongful death and survival. In either case, damages generally fall into one of two categories: (1) economic damages and (2) non-economic damages.
Wrongful Death Action
A surviving spouse, child, or parent of a victim can seek compensation for the losses they suffered by losing their family member.
A personal representative of the victim’s estate files this action on behalf of the victim after their death. This is for compensation that would have been available to the victim in a personal injury claim had they survived.
Proceeds in a survival action are distributed as directed in the deceased’s estate plan (or by statute, if there is no will or trust). This can get very complicated depending on the estate plan. It can also be tricky if you are not the personal representative.
This is where you can rely on Baggett Law Personal Injury Lawyers to help you understand exactly what options you have. Our experienced Jacksonville wrongful death attorneys will advise the best route to proceed. And we’re always here to answer your questions.
Economic damages can include:
- Lost wages calculated from the time of the accident until death
- Future lost wages based on the deceased’s expected lifetime earnings
- Medical expenses that the victim incurred
- Funeral and burial expenses
These are any financial losses incurred by the victim as a result of the accident.
Non-economic damages are often what you typically think of as “pain and suffering.”
These compensate such losses as:
- Loss of consortium
- Emotional trauma
- Loss of guidance and support that the deceased would have provided
- Loss of family services that the deceased would have provided
- Suffering that the victim endured
We make every effort to get the maximum compensation for you and your family. We know no amount of money can make up for the loss of your loved one. But we can help to hold those who caused your loss financially accountable so that you don’t suffer financial stress on top of everything else.
Can I Still Sue for Damages If the Defendant Blames My Loved One for the Accident?
It’s possible. In Florida, the modified comparative fault statute requires an award to be reduced by the amount of contributory fault. That means if your loved one was partially at fault, then your award will be reduced by the percentage of fault attributed to them. But you can still recover damages unless your loved one was mostly to blame.
If they were 30% at fault, your award will be reduced by 30%. However, if they were 51% or more at fault, you could not receive a financial award.
If your loved one was killed in an auto accident, you may have some coverage through their Personal Injury Protection coverage. This process can be complicated. Baggett Law Personal Injury Lawyers can help you with all the deadlines and claims.
One thing is certain—insurance companies will try to get away with paying less than what you deserve.
Our Jacksonville personal injury attorneys have over 80 years of experience standing up to tough defendants. Our background in corporate litigation prepared us well to fight back against big insurance companies who try to blame the victim.
How Do I Prove Negligence in a Wrongful Death Case?
Most wrongful death cases will be based on negligence—the legal theory that holds people financially liable when they cause harm by being careless.
To prove negligence, you must prove each of its four elements:
- Duty: the defendant owed the decedent a duty not to cause harm
- Breach: the defendant breached that duty
- Causation: the defendant’s conduct resulted in the victim’s death
- Damages: you suffered damages as a result of the loss of your loved one
The standard is not as high as in a criminal case (beyond a reasonable doubt). But, you still must prove each element by a preponderance of the evidence. You need to make sure the evidence weighs in your favor.
The legal team at Baggett Law Personal Injury Lawyers has extensive experience presenting compelling evidence in complex cases. We know what it takes to win.
How Long Do I Have to File a Lawsuit After a Fatal Accident in Florida?
For most cases, you’ll need to file a wrongful death lawsuit within two years.
In some circumstances, you may have more or less time. We highly recommend contacting Baggett Law Personal Injury Lawyers as soon as you feel ready after your loved one’s death. We know it’s incredibly difficult to motivate yourself to call a lawyer while you’re grieving. But your financial future depends on getting the process started as soon as possible.
Many people put off calling a lawyer because they’re afraid they can’t afford it. Let’s clear that up right now. We work on a contingency fee basis, which means we don’t collect a penny unless and until we win your case. That means there’s no upfront cost to you.
Contact Our Jacksonville Wrongful Death Lawyers For a Free Consultation
When you’re facing life without your loved one, we know it feels impossible to take the next step. Let our Jacksonville wrongful death lawyers help you and your family through this challenging time.
We’ve achieved outstanding results for our clients over more than a decade. We’re confident we can help you, too. Call today for a free and confidential case evaluation.
Jacksonville Wrongful Death Client Review
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