Wrongful Death Lawyer in Jacksonville

When someone’s negligent behavior or misconduct 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.

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 120 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.

Jacksonville Wrongful Death Attorneys 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:

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.

The Whitley Advantage isn’t just one thing – it’s everything.

What Qualifies as a Wrongful Death in Jacksonville?

In Jacksonville, a wrongful death claim arises when the wrongful act, neglect, or default of another party causes a person‘s death. 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.

Jacksonville Jacksonville Wrongful Death Lawyer Near Me (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. However, not every fatal accident qualifies for compensation.

To determine if you have a valid wrongful death claim in North Carolina, specific conditions must be met:

The wrongful act, negligence, or misconduct of another party caused the death.
If the deceased had survived, they would have been eligible to file a personal injury claim.
The surviving family members are facing financial hardships due to the death.

Losing a loved one is incredibly painful, especially when their death is the result of someone else’s negligence or wrongful actions. In such situations, you may be able to file a wrongful death claim.

You should not face this difficult period alone; let us help. After reviewing the details of your case, our wrongful death attorneys in Jacksonville will determine if you have a valid case.

This firm has always been about people and helping them.

Who Can File a Wrongful Death Claim in North Carolina

In North Carolina, only the personal representative or executor of the deceased person’s estate has the legal authority to file a wrongful death lawsuit. This person is usually named in the deceased’s will, or if there is no will, they are appointed by the court. Family members cannot file the lawsuit unless they have been designated as the estate’s personal representative.

The personal representative files the lawsuit on behalf of the estate and the deceased’s surviving family members, including a spouse, children, or dependents, to seek damages. Although the representative handles the case, any compensation awarded typically goes to the deceased’s heirs, according to North Carolina’s intestate succession laws.

We are committed to the highest quality client service and one-on-one attention.

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.

Wrongful death damages include:

Medical bills
Lost wages
Property damage
Funeral expenses
Pain and suffering
Loss of companionship
Future financial losses

The amount the family receives depends on their losses, as well as the salary and earning potential of their deceased loved one. Whitley Law Firm will calculate all your losses so you can fully recover.

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, 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.

Proving Negligence in a Wrongful Death Claim

Negligence occurs when a person or organization fails to provide the level of care that a reasonable person would show in similar situations, leading to someone else’s death. This concept is central to many wrongful death claims, as it demonstrates that the death could have been avoided if the responsible party had acted properly.

Your wrongful death attorney in Jacksonville will focus on these key elements to prove negligence:

Duty of care: The defendant had a duty of care; they were expected to act in a way that would prevent harm to others. For example, doctors should provide adequate medical care, and drivers need to obey traffic laws.
Breach of duty: The defendant behaved in a way that someone else would not have in the same situation, or they failed to take necessary steps to prevent harm. For example, if a doctor made an incorrect diagnosis or if a driver was behind the wheel while drunk, these actions could be considered breaches of duty.
Causation: There must be a direct connection between the breach of duty and your loved one’s death. It is not enough to show that the defendant was negligent; it must also be proven that their actions directly caused the fatality.
Damages: The death resulted in significant damages to the victim’s family.

Establishing negligence in a wrongful death case shows that the responsible party is legally liable for the death, allowing the victim’s family to seek compensation. The court requires evidence that the defendant’s actions (or lack thereof) directly led to the death to hold them accountable.

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 victim’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 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.

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.

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