Jacksonville Wrongful Death Attorney

What is the difference between murder and wrongful death? When someone is charged with murder he or she is prosecuted in a criminal court of law and if found guilty will most likely go to prison. When that same person is charged with a wrongful death, He or she is sued in civil court and if found guilty will not go to prison, but will have to compensate the deceased’s surviving family in some way, usually monetary.

Under Florida law, a wrongful death is when an unlawful act, default, negligence, or breach of contract by another person or entity causes another person’s death. The deceased died at the fault of another person or company. That is what happened with tobacco companies. Surviving family members of people, who died from an illness caused by smoking cigarettes, sued the tobacco companies for wrongful death in civil court. Tobacco companies then had to pay damages to the surviving family members. The Florida Wrongful Death Act states that the standard of proof is “by a preponderance of evidence.” This means that the defendant is essentially found to be more guilty than not guilty. In criminal court, the standard of proof is “beyond a reasonable doubt.” It is much easier to prove someone guilty in civil court than in criminal court. This is why a person may be found not guilty of murder in criminal court, but held responsible for a wrongful death in civil court.

Several acts may constitute a wrongful death, including medical malpractice, auto accidents, criminal attacks, boating accidents, drowning, and falls caused by poor building maintenance. The number of fatal auto accidents in Jacksonville is shocking. Florida ranks as the third highest state in the nation for tractor-trailer truck accidents, most of which are fatal. Many times these accidents could have been prevented. The driver either was distracted, under the influence of drugs or alcohol, or exceeded the daily mileage limit. When these acts of negligence cause an accident that result in death, the driver may be held liable for that person’s death in a wrongful death suit.

Jacksonville has one of the highest numbers of boating and watercraft accidents that result in death. Many of the victims are children under the age of sixteen and of those child victims, almost one third are under the age of three. There is nothing more tragic than losing a child, what is even more tragic is that the child’s death was caused by someone else’s negligence or wrongful act. Nothing will bring back your loved one, but the Jacksonville wrongful death attorneys will work hard for you to hold the right person responsible for their actions.

The statute of limitations of the Florida Wrongful Death Act is two years. Survivors have two years from the date of death to file a wrongful death suit. If you have lost a loved one within the past two years due to the fault of a third party, contact the Jacksonville wrongful death attorneys and let them help you in this time of need.