Laura Kuhl is a content editor, writer and social media manager with ten years of experience in the legal, finance, and insurance fields. She started her career as a movie review writer in Wilmington, NC, after earning her M.A. at the University of North Carolina at Wilmington. She is a featured legal and business writer on Free Advice and PotNetwork News.
Laura Kuhl
Laura Kuhl is a content editor, writer and social media manager with ten years of experience in the legal, finance, and insurance fields. She started her career as a movie review writer in Wilmington, NC, after earning her M.A. at the University of North Carolina at Wilmington. She is a featured legal and business writer on Free Advice and PotNetwork News.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Reviewed
Adam Ramirez, J.D.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Jacksonville is the largest city in Florida, full of vibrant neighborhoods, flourishing art scenes and a unique culinary landscape. Visiting or living in the city permanently is a treat, but fatal accidents can happen without warning.
Unfortunately, Jacksonville witnesses its fair share of wrongful deaths stemming from accidents, negligence or criminal behavior. A wrongful death attorney helps you navigate the Florida statute of limitations to ensure you don’t miss your chance to receive the compensation you deserve.
These are the ten best wrongful death lawyers in Jacksonville.
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Best Wrongful Death Attorneys in Jacksonville
Compare Top Wrongful Death Attorneys
Filing a Wrongful Death Lawsuit in Florida
The first step to filing a wrongful death lawsuit in Jacksonville is determining if you have grounds. An attorney can determine if your case meets the state’s legal definition of negligent death resulting from someone else’s wrongful act, negligence, default or breach of contract or warranty.
Some of the most common types of wrongful death claims in Florida are motor vehicle accidents, swimming pool accidents, medical malpractice and nursing home negligence. Depending on the circumstances, you may be able to sue multiple parties for damages.
Florida Statute of Limitations for Wrongful Death Cases
You have two years to file a wrongful death lawsuit in Jacksonville, starting from the date of your loved one’s death. However, if a family doesn’t realize the deceased was the victim of negligence, the timeline won’t start until the date they discover it.
Courts are very strict and refuse filing once the statute expires except in extenuating circumstances. For instance, the Florida medical malpractice statute of limitations extends to four years if negligence isn’t uncovered until later. Similarly, wrongful deaths involving murder or manslaughter can be filed at any time and regardless of whether the defendant is convicted.
Florida Wrongful Death Laws
Florida legislature updated its wrongful death laws in recent years, removing caps on non-economic damages. Plaintiffs can sue for full coverage of their financial losses, including funeral costs, lost wages and inheritance.
Other damage caps still apply to certain Florida wrongful death cases:
- Punitive damage caps. You can seek up to $500,000 or three times the amount in economic and non-economic damages, whichever is greater. So if you settle for $500,000, you could sue for up to $1.5 million in punitive damages.
- Non-economic damage caps on claims against the state. Wrongful death claims against Florida government are capped at $200,000 per incident. If there are multiple plaintiffs, the damages will be split among them.
- No caps on non-economic damages in medical malpractice claims. Florida dropped the $1 million cap on medical malpractice claims in 2014. Hire a skilled wrongful death lawyer in Jacksonville to determine how much to seek for your loss of companionship.
Only the personal representative of the deceased’s estate or family member like a spouse, child, parent or sibling can bring a wrongful death lawsuit. Family members seek non-economic compensation for pain and suffering and loss of support while the estate receives economic compensation for lost wages and any value the deceased would have earned had they been alive. In cases involving criminal behavior or gross negligence, family may also seek punitive damages.
Wrongful Death Settlement Considerations
Although only one family member is appointed as personal representative, they speak for every estate beneficiary, and the settlement will be dispersed to each eligible relative, including:
- Spouses
- Children
- Parents
- Siblings
Siblings must be partially or wholly dependent on the deceased to qualify, and the representative must list them on the claim to receive a portion of the settlement amount.
A portion of the settlement may also be subject to taxes, including punitive damages and any interest accrued during appeal. Your economic and non-economic compensation will not be taxed, but you may still owe the IRS after the final ruling. Speak with a wrongful death lawyer in Jacksonville to understand how your settlement will be divided.
How Can an Attorney Help You?
From the very beginning of your case, an attorney can help you pick an estate representative and file the appropriate motions to begin negotiations. They have the tools to navigate the complex Florida legal system to help you win:
- Experience and Expertise. Wrongful death attorneys are familiar with the nuanced negotiation tactics needed to secure fair settlements for personalized non-economic damages such as pain and suffering and loss of companionship.
- Compassion and Empathy. Attorneys who work with grieving families know how to balance your emotional needs with the legal requirements of your case and provide unwavering support for their clients.
- Networks and Resources. The best Jacksonville lawyers call upon a network of professionals as expert witnesses and use their resources to connect clients with healthcare and emotional support professionals.
Most importantly, the best wrongful death lawyer in Jacksonville will work to maximize your compensation while you grieve, giving you this time to spend with family and friends.
How to Find the Best Wrongful Death Lawyer in Jacksonville, FL
The right wrongful death lawyer will have a long list of happy clients and big settlement wins. Read client reviews and look for attorneys who are always available and tailor their litigation strategies to each individual case.
During this vulnerable moment, that personal touch makes a difference, and you want a wrongful death attorney who:
- Meets you in person. Do not work with a lawyer who sends a paralegal instead.
- Empathizes with your case. Don’t work with a rude attorney who appears too distracted to take your case to heart.
- Isn’t afraid to go to trial. You want a fearless attorney who has the trial experience to face down any large corporate entities trying to intimidate you into an unfair settlement.
We always recommend interviewing multiple local attorneys to find the one you feel comfortable working with most. Call the Jacksonville wrongful death lawyers on this list for a free consultation to discuss the particulars of your case and decide the next best steps for your family.
Methodology
To come up with the best wrongful death lawyers in Jacksonville of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How much is a wrongful death lawsuit worth in Florida?
The average wrongful death settlement in Florida is worth between $500,000 and $1 million, and most wrongful death attorneys take around 33% of your settlement.
What are the defenses for wrongful death in Florida?
Comparative negligence, where the deceased shares some responsibility for their own death, is the most common wrongful death defense in Florida. Defendants may also argue no causation, meaning their behavior did not directly result in the death.
Are wrongful death settlements taxable in Florida?
Only portions of wrongful death settlements are taxable in Florida, including punitive damages and any interest that accrued on a structured settlement or during appeal. Speak with a local wrongful death attorney to better understand the taxes owed on your settlement.
