Wrongful Death FAQs:
Do you have questions? We have answers. Here are some legal FAQs that our team of attorneys often receives from clients.
What is a wrongful death law?
Wrongful death laws are those that recognize that when someone dies as a result of someone else’s negligence or misconduct, the victim is not the only one affected. These laws protect the victim’s family members by holding the negligent person responsible and providing compensation for the victim’s survivors.
May I bring a wrongful death suit if the decedent did not have a job?
Yes. Even if the decedent was not employed at the time of the death, he or she may have contributed in a number of ways. For example, if the decedent was a stay-at-home mom, she contributed services, guidance and nurturing of the family and these contributions are considered in a wrongful death case. In addition, survivors are often entitled to changes for their pain and suffering as a result of the death.
Can I file a wrongful death claim if the negligent party is also being prosecuted by the state?
Yes. A wrongful death claim is a civil claim brought on behalf of the family of the decedent. If the wrongful death occurred as the result of a crime committed by the negligent party then the state can decide to prosecute him or her criminally. Should a criminal case be brought by the state, a civil case may also be brought on behalf of the family.
If the negligent party is found innocent in a criminal case, can I still recover damages for wrongful death?
Yes. The burden of proof, or what needs to be proved in a criminal case, is much higher and more strict than that necessary in a civil, or wrongful death, case. A good example of this is the well-known case of O.J. Simpson. Although he was found not guilty in criminal court, he was held civilly responsible for the same event.
What needs to be proven in a wrongful death claim?
If you are trying to recover damages through a wrongful death claim with success then there are a few key factors that must be proven. These include:
- The defendant was the individual who caused the death
- It must be proven that the defendant in question displayed negligence or is liable for causing the death
- There is a surviving spouse, children or other beneficiary
- Monetary losses were incurred because of the death
Although these elements seem straightforward, it is important to consult an attorney because even though it may not seem as though you are entitled under these elements, an attorney has the knowledge and experience necessary to interpret what cases qualify for a wrongful death claim. To learn more about bringing a wrongful death claim, please contact the Jacksonville, Florida wrongful death attorney Hardesty, Tyde & Ashton P.A. today.
Wrongful Death Lawyers in Jacksonville at Hardesty, Tyde & Ashton, P. A.
If you lost a loved one due to someone else’s negligence, you may be entitled to compensation. The Wrongful Death Attorneys at Hardesty, Tyde, Green & Ashton, P. A. will work hard to establish negligence in your claim and we will thoroughly investigate the death of your loved one to identify all responsible parties. From examining police reports to interviewing witnesses, we will gather what is necessary to bring a successful case.
Our attorneys are here to help you pursue justice and receive compensation. Contact us today to schedule your free, no-obligation consultation.
What constitutes a personal injury?
The most common personal injury is an auto accident, but the broad definition encompasses any situation where a person suffers harm due to the negligence of another person or entity. Early identification of a personal injury is important to the legal process. Many serious injuries occur each year involving:
– Auto accidents
– Premises liability accidents such as injuries caused by a slip and fall
– Medical malpractice/nursing home injuries
– Wrongful death
– Work-related accidents
– Animal attacks
– Faulty or malfunctioning products (product liability)