What Are the Elements of A Wrongful Death Lawsuit in Florida?

We Represent Grieving Families With Compassion and Dedication

Fatal accidents and assaults are devastating and often preventable. Yet, if not for another person's negligence or ill-intended actions, a loved one could still be here today.

When avoidable deaths happen in Florida, wrongful death action can be taken on behalf of surviving families to get compensation for the life and love that was stolen from them when the victim died. Wrongful death cases may stem from the actions of a drunk driver, a careless medical professional, or an irresponsible property owner who skips maintenance to save a dollar or two, for example.

Pajcic & Pajcic is based in Jacksonville and handles serious injury and wrongful death actions in northeast Florida and nationwide. If you are wondering if you have a wrongful death case, contact us for a free case consultation to learn more about your options.

Elements of a wrongful death lawsuit

While every case is different, a wrongful death lawsuit will typically establish these four elements:

• Someone has died.
• The death was caused by the negligence or harmful intention of another person. Florida law says a wrongful death has occurred if someone died by "the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters."
• The victim's family is suffering because of the death. Compensable losses include loss of financial and physical contributions to the household and mental anguish, among other losses.
• The person who is pursuing action is qualified to do so. In Florida, the personal representative of the victim's estate files a wrongful death lawsuit on behalf of the estate and the surviving spouse, children, parents, or other dependents who are blood relatives or adopted, depending on the specific laws applicable to the case. A personal representative can be either named in the Last Will and Testament or appointed by the court.

Our Jacksonville wrongful death attorneys can get to the bottom of what happened when your loved one died. We can build a strong case for the compensation you deserve.

Wrongful death compensation

Every state has its own wrongful death laws. They generally set a statute of limitations and provide guidance for compensation. For example, in Florida, family members and dependents may be eligible to collect damages for:

• Loss of support.
• Loss of financial and physical contributions to the household.
• Lost future income and retirement benefits.
• Loss of companionship and protection.
• Mental anguish.
• Loss of parental guidance.
• The victim's medical expenses during their final period of injury or illness.
• Funeral and burial expenses.

In rare situations of gross negligence or wanton recklessness, a family may be awarded punitive damages. Punitive damages are awarded by the court and are meant to punish the negligent party and deter similar situations in the future.

Pajcic & Pajcic has a reputation for getting significant results for the surviving families of wrongful death victims. As a few examples, our wrongful death attorneys have recovered more than $5 million for a fatal motorcycle wreck during Bike Week; $2.1 million when a child drowned due to inadequate fencing at a pool; and $1.75 million for a teen killed by a stray bullet.

How a wrongful death lawyer can help

A lawyer can put you in a position to recover the compensation you deserve. At Pajcic & Pajcic, our law firm can handle your wrongful death lawsuit with compassion and relentless dedication. To make the strongest case for your compensation, we can:

• Investigate the fatal incident.
• Identify liable people and businesses.
• Collect evidence.
• Retain expert witnesses, if needed.
• Calculate the full value of the case.
• Negotiate for maximum compensation.
• File a wrongful death lawsuit, if necessary.

Our attorneys help the surviving family members of wrongful death victims recover from devastating losses. Founded in 1974, our law firm has recovered over $1 billion for thousands of clients nationwide.

If you have experienced the death of a loved one due to negligence, contact Pajcic & Pajcic for a free case evaluation. At no cost to you, we can explain how the law applies to your specific situation, estimate the value of your lawsuit, and help weigh your legal options. A member of our team is available to hear from you anytime, day or night. Contact us to schedule your free case evaluation today.