Jacksonville Wrongful Death Attorney
The rights of surviving family members in fatal accident litigation
There is no tragedy greater than knowing that the death of a loved one could have been avoided if the proper precautions had been taken to prevent the accident in the first place. Filing a wrongful death lawsuit allows grieving families to take legal action and hold the liable parties responsible for their negligence. When you have suffered a serious loss, the Jacksonville wrongful death attorneys of Gillette Law, P.A. can help you secure your right to compensation.
At Gillette Law, we understand that there is not enough money in the world to compensate for the loss of a loved one. However, an award of monetary damages may provide an incentive for the person or entity responsible for the accident to correct or repair the defective condition. Furthermore, surviving family members may be entitled to compensation for the following death-related costs, pain and suffering:
- Funeral and burial expenses
- Loss of companionship
- Loss of earning potential
- The deceased’s medical bills
- The deceased’s pain and suffering
- Other damages, depending on the circumstances
Steps to take before filing a wrongful death lawsuit
The negligent party and/or the representing insurance company’s attorney may attempt to disclaim responsibility for the accident. If so, you need a Jacksonville wrongful death lawyer to help you find peace, closure and accountability through the justice system. Grieving families should take the following legal action to secure a legal claim against the liable person or entity:
- Find out if your loved one initiated a personal injury lawsuit before his or her passing.
- In Florida, a personal injury lawsuit may need to merge or abate with a wrongful death lawsuit, depending on whether a verdict was rendered.
- In Georgia, the personal injury lawsuit does not merge or abate with a wrongful death lawsuit and may continue through the estate of the deceased victim.
- Determine whether you are among the family members covered by the wrongful death statute in your state.
- In Florida, the right to sue for wrongful death vests directly in the estate of the deceased victim. The estate’s personal representative can file a lawsuit on behalf of the beneficiaries of the estate.
- In Georgia, the right to sue for wrongful death vests first in the spouse; if there is no spouse, in the children; if there is no spouse or child, then in the living parents; and if there is no surviving spouse, child or parent, in the estate of the deceased.
If you have questions about these wrongful death statutes, Jacksonville attorney Charles J. Gillette, Jr. can explain in further detail what these laws mean to your case.
Jacksonville Auto & Truck Accident Wrongful Death Attorneys
Despite the advances in vehicle safety standards, there is no guarantee that a family member will survive an encounter with a negligent mechanic who makes a faulty repair or a reckless motorist who causes an accident. A wrongful death lawyer can provide you with the information you need to seek justice and accountability for the loss of a loved one in a car crash. Gillette Law, P.A. in Jacksonville can help you get the full and fair compensation you need to cover funeral and burial expenses, unpaid medical bills, loss of companionship, loss of income, and pain and suffering you’ve incurred.
Leading causes of car crash deaths
In 2010, the National Highway Traffic Safety Commission reports that 32,885 died people in car crashes. Vehicle rollovers, head-on collisions, broadside impacts and car fires were reported to be among the leading causes of car crash deaths. The following negligence-related causes of accidents could lead to a wrongful death lawsuit:
- Negligent or distracted drivers. If your accident occurred while the other driver was texting, adjusting the air conditioning or radio, talking on the phone or otherwise preoccupied, it is vital to discuss your case with an experienced lawyer. Drivers have a duty to operate their vehicles safely, with consideration for their passengers and fellow motorists. Failure to follow the proper procedures can result in legal liability.
- Manufacturing, design or mechanical defects. If there is evidence that the vehicle itself was defective, attorney Charles J. Gillette, Jr. can help you pursue compensation from the vehicle’s manufacturer or the mechanic who was responsible for handling the repairs. Some accidents involve improper repairs, defective seat belts, malfunctioning front and side airbags and being trapped within the car’s collapsible steel frame.
- Obstructed roadways. Municipalities have a duty to warn motorists of obstructions on the road, particularly when the hazard is foreseeable. Whether the accident was caused by deer or cattle on the road, icy conditions, or road construction with insufficient warning, an attorney can help you secure the compensation you will need to help your family move beyond your loss.
- Dram shop litigation/drunk driving accidents. Bartenders and homeowners who allow inebriated patrons or guests to leave the premises with an intent to drive home drunk may be held liable for the resulting injuries or deaths resulting from the drunk driving accident. This area of the law is particularly complex, so it is vital to consult with a wrongful death lawyer before you proceed with this type of claim.
Look to us for assistance
Gillette Law, P.A. takes the time to properly investigate car accident claims. Whether a negligent driver, an uninsured or underinsured motorist, an automobile manufacturer, or a bar or liquor store owner is to blame for the events leading up to the accident, Charlie Gillette is one of the top wrongful death lawyers in Jacksonville, and he can take legal action to help compensate you for your loss.
Contact a Jacksonville wrongful death attorney for a free initial consultation
Gillette Law, P.A. is centrally located to serve clients in Florida and Georgia. The helpful professional staff is available Monday through Friday from 8:00 a.m. to 5:00 p.m. and at other times by appointment. Contact us online, or call us at 904-358-1304 or toll-free at 888-366-5904. If you are unable to visit one of our offices, we can meet with you in your home or hospital room. We offer a free initial consultation and work on a contingency fee basis, so you pay on a percentage basis only when we win your case.