Jacksonville Wrongful Death Attorney

Common Defenses Used by the Opposing Party in a Wrongful Death Case

In a wrongful death lawsuit, the defendant and their legal team will often present various defenses to try to limit their liability or avoid paying compensation altogether. By understanding the common defenses used in these cases, you and your Jacksonville wrongful death attorney can be better prepared to counter them. Some of the most common defenses include:

Comparative Negligence

The defendant may argue that the deceased was partially or entirely responsible for their own death. Under Florida’s comparative negligence law, the amount of compensation awarded to the surviving family members can be reduced based on the deceased’s percentage of fault. Your attorney will need to present evidence to refute this claim and minimize the impact of any alleged contributory negligence.

Pre-existing Conditions

The defendant might claim that the deceased’s pre-existing medical conditions, rather than the defendant’s negligence, were the primary cause of death. Your Jacksonville wrongful death lawyer will need to gather medical records, expert testimony, and other evidence to prove that the defendant’s actions were the direct cause of the death, despite any pre-existing conditions.

Assumption of Risk

In some cases, the defendant may argue that the deceased knowingly assumed the risk associated with the activity that led to their death. This defense can be particularly relevant in cases involving inherently dangerous activities or hazardous occupations. Your Jacksonville wrongful death attorney will need to present evidence to demonstrate that the defendant’s negligence was still a significant factor in causing the death, despite any assumed risks.

By working closely with an experienced Jacksonville wrongful death lawyer, you can develop a strong case to counter these defenses and maximize your chances of obtaining the compensation your family deserves.

How a Jacksonville Wrongful Death Attorney Can Help You Deal with Insurance Companies

Insurance companies often play a significant role in wrongful death cases, as they typically represent the defendant and attempt to minimize the amount they must pay in damages. A skilled Jacksonville wrongful death lawyer can help you navigate the complex world of insurance negotiations by:

• Protecting Your Rights: An attorney will ensure that your rights are protected during the negotiation process and that you are not taken advantage of by the insurance company.
• Gathering Evidence: Your lawyer will collect the necessary evidence to build a strong case and present it to the insurance company, demonstrating the extent of your losses.
• Negotiating on Your Behalf: Your Jacksonville wrongful death attorney will handle all communication with the insurance company and advocate for a fair settlement on your behalf.
• Preparing for Trial: If the insurance company refuses to offer a fair settlement, your lawyer will be ready to take your case to trial, where they will present your case to a jury.

Finding Your Match: Tips for Choosing the Right Jacksonville Wrongful Death Attorney

Selecting the right Jacksonville wrongful death lawyer is crucial to the success of your case. Here are some tips to help you make the best choice:

• Look for Experience: Choose an attorney who has experience handling wrongful death cases and is familiar with the specific laws and regulations in Jacksonville.
• Check Reviews and Testimonials: Read online reviews and testimonials from former clients to learn about their experiences with the attorney.
• Schedule a Consultation: Set up a meeting with potential lawyers to discuss your case and ask any questions you may have.
• Evaluate Communication Skills: You’ll want an attorney who communicates effectively and keeps you informed throughout the process.
• Assess Their Strategy: Ask how the attorney plans to approach your case and what their strategy will be for achieving the best outcome.
• Consider the Fee Structure: Make sure you understand how the attorney will charge for their services, whether it’s a contingency fee or an hourly rate.

The Burden of Proof: How to Prove Negligence in a Jacksonville Wrongful Death Lawsuit

Proving negligence is a critical aspect of any wrongful death case, as it demonstrates that the defendant’s actions (or lack thereof) directly caused the death of your loved one. To establish negligence, your Jacksonville wrongful death lawyer will need to prove the following elements:

1. Duty of Care: The defendant owed the deceased a duty of care, meaning they were responsible for ensuring their safety and well-being.
2. Breach of Duty: The defendant breached their duty of care by acting (or failing to act) in a way that a reasonable person would not have.
3. Causation: The defendant’s breach of duty directly caused the death of your loved one.
4. Damages: As a result of the defendant’s negligence, your family has suffered damages, such as financial losses and emotional pain.

Proving these elements can be challenging and requires the expertise of a skilled Jacksonville wrongful death attorney. By working with law firms in Jacksonville, FL, you can ensure that you have the best possible representation for your case.

Don’t Wait: Contact Our Jacksonville Wrongful Death Attorneys Today

Losing a loved one is an incredibly difficult and emotional experience. When that loss is caused by someone else’s negligence, it’s crucial to hold them accountable and seek the compensation your family needs to move forward. At Labovick Law Group, our compassionate and skilled Jacksonville wrongful death attorneys are here to guide you through this challenging time and fight for the justice you deserve.

We understand that no amount of compensation can ever truly make up for the loss of your loved one. However, obtaining the financial support you need can alleviate some of the burdens you face and allow you to focus on healing. By working with our dedicated legal team, you can rest assured that your case is in capable hands.

Don’t wait any longer – the sooner you contact us, the sooner we can begin building a strong case on your behalf. Time is of the essence: reach out to us today for a free, no-obligation consultation, and let our experienced lawyers provide the support, guidance, and representation you need during this difficult time.