Wrongful Death Lawyer in Jacksonville
Fighting for the Justice That You and Your Loved Ones Deserve
Death is a normal part of life, and everyone processes their grieving stages in different ways. If a loved one in your life has passed, you might be having difficulty dealing with the stages of grief. If the death was caused by the actions of another person, acceptance can be even more challenging to find. The good news is that it might mean you have the right to seek justice in their name, as the Personal Representative of their Probate Estate.
The Law Offices of Fred Tromberg provides representation in Jacksonville for those whose loved one’s passing was deemed a wrongful death. In order for a death to be considered wrongful, it must have been caused by someone else’s negligence or misconduct. On top of that, a personal representative must have been appointed for the estate of the decedent, which is the legal term for the person who has passed. The following situations would constitute a potential wrongful death claim:
- Medical and hospital malpractice
Medical malpractice happens when a healthcare provider is negligent and the patient is hurt. In order for the situation to be deemed a wrongful death, the individual must have died as a direct result of the negligence, carelessness, wrongful act, or lack of action from the healthcare provider. Some examples of medical malpractice include misdiagnosing or failure to diagnose, surgical errors, birth injuries, medication mistakes, and delayed treatment by a doctor, in a hospital, clinic or doctor’s office.
- Automobile accidents/truck accidents
Not every death that occurs during an automobile accident or truck accident is considered a wrongful death, and a lawyer who is deeply familiar with these laws can help you understand the differences. If a death by motor vehicle accident is to be considered a wrongful death, it means the unintended fatality was caused by an individual’s negligence or recklessness during the accident. You might assume the death was the fault of another motorist on the road, but it could also be caused by negligence of the vehicle manufacturer. It could also be the fault of the authorities who were in charge of facilitating safety on the roads.
- Nursing home negligence and abuse
When we place our loved ones in nursing homes, we are placing trust in the facility to care for them during their retirement. Sadly, in some nursing homes, our elders might pass due to negligence, abuse or other conditions of the facility. If this situation occurs, immediate family members and those who have suffered from the loss financially might be able to file a wrongful death claim.
- Injury caused by hazard on another person’s property
If your loved one was killed due to dangerous conditions on another person’s property, you might be able to file a wrongful death claim against the property or business owner. For example, if that person’s property is fraught with dangerous conditions that were neglected to be fixed or ongoing dangers like construction sites, you might have a case if these conditions were the cause of your loved one’s death. If your loved one was a “licensee,” which means they entered the property as a guest, the property owner would have been responsible for warning them of any potential hazards. If your loved one was an “invitee,” which would mean they entered the property at a potential financial benefit to the owner, then the owner would have been responsible for creating a reasonably safe environment for them. Failure to do so on their part would support a claim in a wrongful death case.
What Kinds of Damages Are Awarded in a Wrongful Death Lawsuit?
The way that we measure damages in wrongful death lawsuits are through pecuniary (financial) injuries. Examples of reasons that a loved one might be able to receive compensation include:
- The decedent’s pain and suffering pre-death (also called a survival claim)
- The pain and suffering of the survivors of the decedent
- Medical treatment costs
- Funeral and burial costs
- Loss of the decedent’s expected income
- Loss of expected inheritance (net accumulations)
- Value of the services the decedent would have provided
- Loss of care or nurturing the decedent would have provided
- Loss of love and companionship
- Loss of consortium, which is the decedent’s ability to provide for their spouse or family
At the Law Offices of Fred Tromberg, we want to make sure that justice is served, and we follow this mission in every case we pursue. We work diligently to defend the rights of those who have suffered the loss of a loved one caused by wrongful death. When you work with our team, you can trust that we will defend your rights, protect your interests, and work to get you the damages you deserve.
If you need a wrongful death lawyer in Jacksonville, look no further than the Law Offices of Fred Tromberg. Give us a call at (904) 297-2063 or contact us onlineto learn how we can help.
- We are always seeking a full measure of justice, nothing less.
- We fight for your rights within the bounds of the law.
- We represent our clients the way we would want to be represented ourselves.
- We fight for fair and adequate compensation to those who have sustained losses through no fault of their own.
- Our overriding goal is to maximize your recovery.