When the negligent behavior or misconduct of a person results in the death of another person, the family of the deceased can receive wrongful death benefits. If you suspect that negligence contributed to the death of a loved one, the deceased victim’s personal representative can file a lawsuit. A wrongful death lawyer in Jacksonville offers compassionate support.
Wrongful death suits are often filed after a criminal trial. Even if a person is found not guilty by a criminal court, they can still be found guilty of wrongful death.
If you or someone you love is considering filing suit against a person or company, contact Whitley Law Firm as soon as possible. We have more than 80 years of combined legal experience advocating for injured victims and their families. A Jacksonville personal injury lawyer can help you seek the amount of damages you deserve.
What Qualifies as a Wrongful Death in Jacksonville?
In Jacksonville, a wrongful death claim arises when a person’s death is caused by the wrongful act, neglect, or default of another party. G.S. 28A-18-2 allows the deceased person’s personal representative to file a lawsuit against the responsible individual or entity.
It must generally be proven that the defendant’s negligent, reckless, or intentional conduct was the cause of the victim’s death.
Important Elements of a Wrongful Death Case
A Jacksonville wrongful death lawyer can prove an individual died due to the careless or reckless behavior of another person if they can establish the following facts in court:
- A human being has died
- The death of the human being in question was directly or indirectly caused by the negligence of another person
- The death of an individual causes their family to suffer financially
- The person filing suit is a representative of the estate of the deceased individual
We Offer Compassionate Legal Support
Many types of fatal accidents can lead to a wrongful death case. Regardless of the specific circumstances, if a person’s death was preventable and caused by the negligent or intentional actions of another party, their surviving family members may be entitled to compensation through the legal system.
In addition to wrongful death lawyers, our Jacksonville legal teams also include:
- Car accident lawyers
- Construction accident lawyers
- Dog bite lawyers
- Motorcycle accident lawyers
- Pedestrian accident lawyers
- Product liability lawyers
- Truck accident lawyers
Partnering with our experienced team will significantly increase your chances of a successful outcome. With such a diverse legal team, we offer comprehensive legal support to our clients. Our attorneys are familiar with different types of accidents and know how to handle the specific types of problems that may appear in your pursuit of compensation.
Even if your loved one died in a different type of accident, please still contact us. We understand that every case is unique and that each family’s situation deserves individual attention. Our lawyers will carefully listen to your experience and create a personalized legal strategy based on your situation and needs.
For a free legal consultation with a wrongful death lawyer serving Jacksonville, call (800)785-5000
Do I Have a Wrongful Death Case?
If you lost a loved one in a deadly accident caused by the negligence or reckless actions of another, you could have a wrongful death case. Our wrongful death attorneys in Jacksonville will determine if you have a valid case.
In North Carolina, only the personal representative (or executor) of the deceased victim’s estate can file a wrongful death lawsuit. If the decedent had a will, they likely named the executor. However, if the person named cannot serve, or if no executor is appointed, the court will name an individual to serve in this position. In this case, a spouse, parent, or child is often appointed.
Jacksonville Wrongful Death Lawyer Near Me (800)785-5000
Available Wrongful Death Damages
After a person dies, their family will have to deal with a lack of income, which can lead to immense financial hardship. If this occurs, the court may decide to award economic damages to the family. These damages are measurable and are meant to cover costs stemming from medical bills, lost wages, property damage, and funeral expenses.
The amount the family receives depends on their losses, as well as the salary and earning potential of their deceased loved one. The amount awarded will also include interest.
Punitive Damages
In addition to financial damages, the court may also award punitive damages to the family of the deceased. Punitive damages, as their name implies, are awarded to punish the responsible party for their wrongdoings.
Punitive damages are not measurable in the same way as economic damages. If you hope to obtain punitive damages, you may need to speak with their Jacksonville wrongful death lawyer.
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North Carolina’s Statute of Limitations for Wrongful Death Lawsuits
In North Carolina, the statute of limitations for filing a wrongful death lawsuit is typically two years from the date of the deceased person’s death. This means that the personal representative of the deceased’s estate must initiate legal proceedings against the responsible party within this two-year time frame.
There are some exceptions where the statute of limitations may be extended, such as if the defendant fraudulently concealed their role. However, in most cases, failing to file the wrongful death claim within the two-year window will result in the case being permanently barred.
It is crucial for families who have lost a loved one due to the negligence or misconduct of another to act quickly. Consult an experienced wrongful death attorney to protect your loved one’s memory.
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Call Our Compassionate Jacksonville Wrongful Death Attorneys
If you believe the negligence of another person caused the death of your loved one, please contact a Jacksonville wrongful death lawyer. Local attorneys have extensive experience handling wrongful death cases and dedicate their time to pursuing recovery for potential clients.
Whitley Law Firm is committed to overcoming challenges. Our team handles every case with the utmost care. We pride ourselves on producing results that not only meet but exceed expectations, bringing a sense of closure and peace to those we represent. Contact us today to discuss your legal options.
Call (800)785-5000 or complete a Free Case Evaluation form