WE HAVE RECOVERED MILLIONS
OF DOLLARS FOR OUR CLIENTS
$3,400,000
Traffic Fatality
$2,150,000
Traffic Accident
$1,300,000
Motorcycle Accident
WE HAVE RECOVERED MILLIONS OF DOLLARS FOR OUR CLIENTS
$3,400,000 |
$2,150,000 |
$1,300,000 |
Traffic Accident |
Traffic Fatality |
Motorcycle Fatality |
WE HAVE RECOVERED MILLIONS OF DOLLARS FOR OUR CLIENTS
$3,400,000 |
$2,150,000 |
$1,300,000 |
Traffic Accident |
Traffic Fatality |
Motorcycle Accident |
JACKSONVILLE
FATAL CAR ACCIDENT
ATTORNEYS
Compassionate, Aggressive Representation for Families After a Tragic Loss
Losing a family member in a motor vehicle accident creates consequences that extend far beyond the immediate circumstances of the crash. In addition to the personal loss, surviving family members may face funeral expenses, the loss of income and financial support, and uncertainty about what caused the collision and who was responsible. When another driver’s negligence contributed to the death, Florida law may provide surviving family members and the estate with the right to pursue compensation through a wrongful death claim.
Fatal accident cases require a different legal approach from car accidents involving nonfatal injuries. The person who died cannot explain what happened, making physical evidence, witness accounts, video, vehicle data, and accident reconstruction particularly important when liability is disputed. Florida’s wrongful death laws also determine who may bring the legal action, which family members qualify as survivors, and the types of damages that may be recovered.
At McGRATH GIBSON LAW, our Jacksonville fatal car accident attorneys investigate these cases to determine how the collision occurred, identify every potentially responsible party, locate available insurance coverage, and document the losses resulting from the death. In the sections below, we explain how fatal accident claims are investigated, how Florida’s wrongful death laws apply, the compensation that may be available, and the issues families may encounter while pursuing a claim.
Rapid Response Contact Form
Free Consultations | NO Upfront Fees
JACKSONVILLE FATAL CAR ACCIDENT ATTORNEYS
Losing a family member in a motor vehicle accident creates consequences that extend far beyond the immediate circumstances of the crash. In addition to the personal loss, surviving family members may face funeral expenses, the loss of income and financial support, and uncertainty about what caused the collision and who was responsible. When another driver’s negligence contributed to the death, Florida law may provide surviving family members and the estate with the right to pursue compensation through a wrongful death claim.
Fatal accident cases require a different legal approach from car accidents involving nonfatal injuries. The person who died cannot explain what happened, making physical evidence, witness accounts, video, vehicle data, and accident reconstruction particularly important when liability is disputed. Florida’s wrongful death laws also determine who may bring the legal action, which family members qualify as survivors, and the types of damages that may be recovered.
At McGRATH GIBSON LAW, our Jacksonville fatal car accident attorneys investigate these cases to determine how the collision occurred, identify every potentially responsible party, locate available insurance coverage, and document the losses resulting from the death. In the sections below, we explain how fatal accident claims are investigated, how Florida’s wrongful death laws apply, the compensation that may be available, and the issues families may encounter while pursuing a claim.
Rapid Response Contact Form
Free Consultations | NO Upfront Fees
JACKSONVILLE FATAL CAR ACCIDENT ATTORNEYS
Losing a family member in a motor vehicle accident creates consequences that extend far beyond the immediate circumstances of the crash. In addition to the personal loss, surviving family members may face funeral expenses, the loss of income and financial support, and uncertainty about what caused the collision and who was responsible. When another driver’s negligence contributed to the death, Florida law may provide surviving family members and the estate with the right to pursue compensation through a wrongful death claim.
Fatal accident cases require a different legal approach from car accidents involving nonfatal injuries. The person who died cannot explain what happened, making physical evidence, witness accounts, video, vehicle data, and accident reconstruction particularly important when liability is disputed. Florida’s wrongful death laws also determine who may bring the legal action, which family members qualify as survivors, and the types of damages that may be recovered.
At McGRATH GIBSON LAW, our Jacksonville fatal car accident attorneys investigate these cases to determine how the collision occurred, identify every potentially responsible party, locate available insurance coverage, and document the losses resulting from the death. In the sections below, we explain how fatal accident claims are investigated, how Florida’s wrongful death laws apply, the compensation that may be available, and the issues families may encounter while pursuing a claim.
Rapid Response Contact Form
Free Consultations | NO Upfront Fees
WHAT OUR CLIENTS ARE SAYING
WHAT OUR CLIENTS ARE SAYING
Table of Contents
- What Makes a Fatal Car Accident Claim Different?
- How We Investigate a Fatal Car Accident
- Who Can Be Held Responsible for a Fatal Car Accident?
- Understanding Florida’s Wrongful Death Act
- Who Files a Florida Wrongful Death Claim and Who Can Recover?
- Compensation Available After a Fatal Car Accident
- Calculating the Long-Term Financial Impact of a Fatal Accident
- What If the Person Who Died Was Partially Responsible?
- What If the At-Fault Driver Doesn’t Have Enough Insurance?
- Special Circumstances in Fatal Car Accident Claims
- Criminal Charges vs. a Civil Wrongful Death Claim
- Insurance Company Tactics and Early Settlement Offers
- How Our Jacksonville Fatal Car Accident Attorneys Build a Claim
- How Long Do You Have to File a Fatal Car Accident Claim in Florida?
- FAQs About Fatal Car Accident Claims in Jacksonville
- Learn More About Motor Vehicle Accident Claims
- Meet Michael D. McGrath
- Let’s Discuss Your Case

Table of Contents

- What Makes a Fatal Car Accident Claim Different?
- How We Investigate a Fatal Car Accident
- Who Can Be Held Responsible for a Fatal Car Accident?
- Understanding Florida’s Wrongful Death Act
- Who Files a Florida Wrongful Death Claim and Who Can Recover?
- Compensation Available After a Fatal Car Accident
- Calculating the Long-Term Financial Impact of a Fatal Accident
- What If the Person Who Died Was Partially Responsible?
- What If the At-Fault Driver Doesn’t Have Enough Insurance?
- Special Circumstances in Fatal Car Accident Claims
- Criminal Charges vs. a Civil Wrongful Death Claim
- Insurance Company Tactics and Early Settlement Offers
- How Our Jacksonville Fatal Car Accident Attorneys Build a Claim
- How Long Do You Have to File a Fatal Car Accident Claim in Florida?
- FAQs About Fatal Car Accident Claims in Jacksonville
- Learn More About Motor Vehicle Accident Claims
- Meet Michael D. McGrath
- Let’s Discuss Your Case
Table of Contents

- What Makes a Fatal Car Accident Claim Different?
- How We Investigate a Fatal Car Accident
- Who Can Be Held Responsible for a Fatal Car Accident?
- Understanding Florida’s Wrongful Death Act
- Who Files a Florida Wrongful Death Claim and Who Can Recover?
- Compensation Available After a Fatal Car Accident
- Calculating the Long-Term Financial Impact of a Fatal Accident
- What If the Person Who Died Was Partially Responsible?
- What If the At-Fault Driver Doesn’t Have Enough Insurance?
- Special Circumstances in Fatal Car Accident Claims
- Criminal Charges vs. a Civil Wrongful Death Claim
- Insurance Company Tactics and Early Settlement Offers
- How Our Jacksonville Fatal Car Accident Attorneys Build a Claim
- How Long Do You Have to File a Fatal Car Accident Claim in Florida?
- FAQs About Fatal Car Accident Claims in Jacksonville
- Learn More About Motor Vehicle Accident Claims
- Meet Michael D. McGrath
- Let’s Discuss Your Case
What Makes a Fatal Car Accident Claim Different?
A fatal car accident claim is fundamentally different from a personal injury claim in which the injured person survives. In a typical injury case, the person who was hurt pursues compensation for their medical expenses, lost income, pain and suffering, and other losses. When an accident results in death, Florida’s wrongful death laws determine how the legal action is brought and which losses may be recovered.
One important difference involves who actually pursues the claim. Under Florida law, the personal representative of the deceased person’s estate brings the wrongful death action on behalf of the estate and eligible survivors. The surviving family members do not simply file individual lawsuits for their own losses. Florida law also determines which relatives qualify as survivors and which categories of damages each may be entitled to recover.
The damages involved can extend well beyond the expenses immediately associated with the accident. Depending on the circumstances, a wrongful death claim may involve lost financial support and services, lost earnings, medical and funeral expenses, and legally recognized losses suffered by surviving family members. Evaluating these damages often requires considering what the deceased person would likely have contributed to the family for many years into the future.
Fatal crashes can also present unique evidentiary challenges because the person who died cannot describe what happened. Our Jacksonville fatal car accident attorneys must therefore rely heavily on independent evidence when investigating liability. Physical evidence, witnesses, photographs, video, electronic vehicle information, and accident reconstruction can become particularly important when the surviving driver disputes responsibility or provides a different account of how the collision occurred.
What Makes a Fatal Car Accident Claim Different?
A fatal car accident claim is fundamentally different from a personal injury claim in which the injured person survives. In a typical injury case, the person who was hurt pursues compensation for their medical expenses, lost income, pain and suffering, and other losses. When an accident results in death, Florida’s wrongful death laws determine how the legal action is brought and which losses may be recovered.
One important difference involves who actually pursues the claim. Under Florida law, the personal representative of the deceased person’s estate brings the wrongful death action on behalf of the estate and eligible survivors. The surviving family members do not simply file individual lawsuits for their own losses. Florida law also determines which relatives qualify as survivors and which categories of damages each may be entitled to recover.
The damages involved can extend well beyond the expenses immediately associated with the accident. Depending on the circumstances, a wrongful death claim may involve lost financial support and services, lost earnings, medical and funeral expenses, and legally recognized losses suffered by surviving family members. Evaluating these damages often requires considering what the deceased person would likely have contributed to the family for many years into the future.
Fatal crashes can also present unique evidentiary challenges because the person who died cannot describe what happened. Our Jacksonville fatal car accident attorneys must therefore rely heavily on independent evidence when investigating liability. Physical evidence, witnesses, photographs, video, electronic vehicle information, and accident reconstruction can become particularly important when the surviving driver disputes responsibility or provides a different account of how the collision occurred.
How We Investigate a Fatal Car Accident
Investigating a fatal car accident requires us to establish what happened without the benefit of testimony from the person who died. The surviving driver may provide an account of the collision, but we do not assume that account tells the entire story. Police reports, witness statements, photographs, surveillance or dashcam video, roadway evidence, and the location and damage patterns of the vehicles can provide independent evidence about how the crash occurred.
The vehicles themselves can also contain valuable information. Depending on the circumstances, event data recorders and other electronic systems may provide information about speed, braking, throttle position, steering inputs, seat belt use, or other activity immediately before impact. When distracted driving is suspected, cell phone records may become relevant if they can lawfully be obtained. Toxicology results can also provide important evidence when alcohol or drug impairment may have contributed to the collision.
Physical evidence from the accident scene can help establish vehicle movements and the location of impact. Tire marks, debris fields, gouges in the pavement, damaged barriers, fluid trails, roadway markings, and final vehicle positions may all contribute to the investigation. Because this evidence can disappear quickly, documenting and preserving it as early as possible can be particularly important following a fatal crash.
Our Jacksonville fatal car accident attorneys may also work with accident reconstruction professionals when liability is disputed or the circumstances require more detailed analysis. By examining physical and electronic evidence together, reconstruction experts may help evaluate vehicle speeds, braking, direction of travel, impact location, visibility, and the sequence of events leading to the collision. This allows us to build the claim around objective evidence rather than relying solely on competing descriptions of what happened.
How We Investigate a Fatal Car Accident
Investigating a fatal car accident requires us to establish what happened without the benefit of testimony from the person who died. The surviving driver may provide an account of the collision, but we do not assume that account tells the entire story. Police reports, witness statements, photographs, surveillance or dashcam video, roadway evidence, and the location and damage patterns of the vehicles can provide independent evidence about how the crash occurred.
The vehicles themselves can also contain valuable information. Depending on the circumstances, event data recorders and other electronic systems may provide information about speed, braking, throttle position, steering inputs, seat belt use, or other activity immediately before impact. When distracted driving is suspected, cell phone records may become relevant if they can lawfully be obtained. Toxicology results can also provide important evidence when alcohol or drug impairment may have contributed to the collision.
Physical evidence from the accident scene can help establish vehicle movements and the location of impact. Tire marks, debris fields, gouges in the pavement, damaged barriers, fluid trails, roadway markings, and final vehicle positions may all contribute to the investigation. Because this evidence can disappear quickly, documenting and preserving it as early as possible can be particularly important following a fatal crash.
Our Jacksonville fatal car accident attorneys may also work with accident reconstruction professionals when liability is disputed or the circumstances require more detailed analysis. By examining physical and electronic evidence together, reconstruction experts may help evaluate vehicle speeds, braking, direction of travel, impact location, visibility, and the sequence of events leading to the collision. This allows us to build the claim around objective evidence rather than relying solely on competing descriptions of what happened.
Who Can Be Held Responsible for a Fatal Car Accident?
The driver whose negligence caused a fatal collision is often the primary responsible party. Speeding, distracted driving, impairment, failure to yield, reckless driving, or another violation of the duty to operate a vehicle safely may establish the basis for liability. However, identifying one negligent driver does not necessarily complete the investigation. The circumstances leading to the crash may reveal that other people, businesses, or entities also contributed to the death.
When an at-fault driver was performing job duties at the time of the accident, an employer may potentially bear responsibility under Florida law. Commercial vehicle accidents can raise additional questions involving vehicle ownership, maintenance, driver qualifications, or the conduct of the company operating the vehicle. If a defective tire, brake, steering component, or other vehicle part contributed to the crash, manufacturers, distributors, or repair facilities may also need to be investigated.
Dangerous roadway conditions can create additional liability issues. Missing or inadequate signs, malfunctioning traffic controls, hazardous construction zones, or other roadway defects may warrant investigation to determine whether a governmental entity, contractor, or another party contributed to the collision. Claims involving governmental entities can be subject to special legal and procedural requirements.
Our Jacksonville fatal car accident attorneys investigate all reasonable potential causes rather than stopping once the most obvious responsible driver has been identified. Determining whether multiple parties contributed to a fatal crash can provide a more complete understanding of what happened and may also identify additional insurance coverage or other sources of compensation available to the surviving family members and estate.
Who Can Be Held Responsible for a Fatal Car Accident?
The driver whose negligence caused a fatal collision is often the primary responsible party. Speeding, distracted driving, impairment, failure to yield, reckless driving, or another violation of the duty to operate a vehicle safely may establish the basis for liability. However, identifying one negligent driver does not necessarily complete the investigation. The circumstances leading to the crash may reveal that other people, businesses, or entities also contributed to the death.
When an at-fault driver was performing job duties at the time of the accident, an employer may potentially bear responsibility under Florida law. Commercial vehicle accidents can raise additional questions involving vehicle ownership, maintenance, driver qualifications, or the conduct of the company operating the vehicle. If a defective tire, brake, steering component, or other vehicle part contributed to the crash, manufacturers, distributors, or repair facilities may also need to be investigated.
Dangerous roadway conditions can create additional liability issues. Missing or inadequate signs, malfunctioning traffic controls, hazardous construction zones, or other roadway defects may warrant investigation to determine whether a governmental entity, contractor, or another party contributed to the collision. Claims involving governmental entities can be subject to special legal and procedural requirements.
Our Jacksonville fatal car accident attorneys investigate all reasonable potential causes rather than stopping once the most obvious responsible driver has been identified. Determining whether multiple parties contributed to a fatal crash can provide a more complete understanding of what happened and may also identify additional insurance coverage or other sources of compensation available to the surviving family members and estate.
Understanding Florida’s Wrongful Death Act
Florida’s Wrongful Death Act provides the legal framework for pursuing compensation when a person’s death results from another party’s wrongful act, negligence, default, or breach of contract or warranty. In a fatal car accident case, the claim typically arises when the person who died could have pursued a personal injury claim had they survived the collision. The wrongful death action allows certain losses resulting from the death to be pursued for the benefit of the estate and legally recognized survivors.
Florida’s wrongful death law distinguishes between losses suffered by surviving family members and losses recoverable by the deceased person’s estate. It also establishes which relatives qualify as survivors and which categories of damages may be available to them. Because these rights can vary depending on whether the survivor is a spouse, child, parent, or dependent relative, the family relationship can directly affect the damages available in a particular case.
Another important distinction is that individual survivors do not ordinarily bring separate wrongful death lawsuits against the responsible party. The personal representative of the deceased person’s estate files the action and identifies the survivors who may have an interest in the recovery. Any settlement or judgment must therefore account for the damages legally attributable to the estate and qualifying survivors.
Our Jacksonville fatal car accident attorneys evaluate these issues early in a case so we understand who has legal rights under the Wrongful Death Act and which losses must be documented. This provides the foundation for investigating damages while we separately work to establish who caused the fatal collision and identify the insurance coverage and responsible parties from which compensation may be pursued.
Understanding Florida’s Wrongful Death Act
Florida’s Wrongful Death Act provides the legal framework for pursuing compensation when a person’s death results from another party’s wrongful act, negligence, default, or breach of contract or warranty. In a fatal car accident case, the claim typically arises when the person who died could have pursued a personal injury claim had they survived the collision. The wrongful death action allows certain losses resulting from the death to be pursued for the benefit of the estate and legally recognized survivors.
Florida’s wrongful death law distinguishes between losses suffered by surviving family members and losses recoverable by the deceased person’s estate. It also establishes which relatives qualify as survivors and which categories of damages may be available to them. Because these rights can vary depending on whether the survivor is a spouse, child, parent, or dependent relative, the family relationship can directly affect the damages available in a particular case.
Another important distinction is that individual survivors do not ordinarily bring separate wrongful death lawsuits against the responsible party. The personal representative of the deceased person’s estate files the action and identifies the survivors who may have an interest in the recovery. Any settlement or judgment must therefore account for the damages legally attributable to the estate and qualifying survivors.
Our Jacksonville fatal car accident attorneys evaluate these issues early in a case so we understand who has legal rights under the Wrongful Death Act and which losses must be documented. This provides the foundation for investigating damages while we separately work to establish who caused the fatal collision and identify the insurance coverage and responsible parties from which compensation may be pursued.
Who Files a Florida Wrongful Death Claim and Who Can Recover?
Under Florida law, a wrongful death action is brought by the personal representative of the deceased person’s estate. The personal representative acts on behalf of both the estate and the survivors who may be entitled to recover damages. This is an important distinction because surviving family members generally do not each file separate wrongful death lawsuits against the person or parties responsible for the fatal accident.
Florida’s Wrongful Death Act defines who may qualify as a survivor. Depending on the family circumstances, survivors can include the deceased person’s spouse, children, and parents, as well as blood relatives and adoptive brothers or sisters who were partly or wholly dependent upon the deceased person for support or services. The personal representative identifies the potential survivors and their relationships to the person who died when pursuing the claim.
Qualifying as a survivor does not necessarily mean that every survivor can recover the same damages. Florida law assigns particular categories of damages according to the survivor’s relationship to the deceased person and other family circumstances. For example, the damages potentially available to a surviving spouse can differ from those available to a child or parent. Age and the existence of other survivors can also matter for certain categories of recovery.
Our Jacksonville fatal car accident attorneys carefully evaluate the family relationships involved in a wrongful death claim rather than assuming that every relative has identical rights. Correctly identifying the personal representative, all legally recognized survivors, and the damages potentially available to each is an essential part of properly developing a fatal car accident claim under Florida law.
Who Files a Florida Wrongful Death Claim and Who Can Recover?
Under Florida law, a wrongful death action is brought by the personal representative of the deceased person’s estate. The personal representative acts on behalf of both the estate and the survivors who may be entitled to recover damages. This is an important distinction because surviving family members generally do not each file separate wrongful death lawsuits against the person or parties responsible for the fatal accident.
Florida’s Wrongful Death Act defines who may qualify as a survivor. Depending on the family circumstances, survivors can include the deceased person’s spouse, children, and parents, as well as blood relatives and adoptive brothers or sisters who were partly or wholly dependent upon the deceased person for support or services. The personal representative identifies the potential survivors and their relationships to the person who died when pursuing the claim.
Qualifying as a survivor does not necessarily mean that every survivor can recover the same damages. Florida law assigns particular categories of damages according to the survivor’s relationship to the deceased person and other family circumstances. For example, the damages potentially available to a surviving spouse can differ from those available to a child or parent. Age and the existence of other survivors can also matter for certain categories of recovery.
Our Jacksonville fatal car accident attorneys carefully evaluate the family relationships involved in a wrongful death claim rather than assuming that every relative has identical rights. Correctly identifying the personal representative, all legally recognized survivors, and the damages potentially available to each is an essential part of properly developing a fatal car accident claim under Florida law.
Compensation Available After a Fatal Car Accident
Compensation in a Florida wrongful death claim is intended to address legally recognized losses suffered by both qualifying survivors and the deceased person’s estate. The damages available depend on the family relationships involved, the deceased person’s financial contributions, and the circumstances of the case. Because Florida law treats survivor damages and estate damages differently, determining the value of a fatal car accident claim requires more than adding together the immediate expenses following the collision.
Eligible survivors may be able to recover the value of lost support and services from the date of injury through death and future losses of support and services. Depending on the survivor’s relationship to the deceased person and the requirements of Florida law, damages may also include loss of companionship and protection, loss of parental companionship, instruction and guidance, and mental pain and suffering.
The estate may have separate recoverable losses. These can include certain lost earnings from the date of injury to death, lost prospective net accumulations when permitted by Florida law, and medical or funeral expenses that were charged against the estate or paid by the estate. Medical and funeral expenses paid by a survivor may instead be recoverable by that survivor under the statutory framework.
Our Jacksonville fatal car accident attorneys identify each category of damages that may apply and gather the evidence necessary to document those losses. Financial records, employment information, medical and funeral expenses, and evidence of the deceased person’s contributions to the household may all become important. This allows us to evaluate the claim according to the actual financial and personal losses recognized by Florida’s Wrongful Death Act.
Compensation Available After a Fatal Car Accident
Compensation in a Florida wrongful death claim is intended to address legally recognized losses suffered by both qualifying survivors and the deceased person’s estate. The damages available depend on the family relationships involved, the deceased person’s financial contributions, and the circumstances of the case. Because Florida law treats survivor damages and estate damages differently, determining the value of a fatal car accident claim requires more than adding together the immediate expenses following the collision.
Eligible survivors may be able to recover the value of lost support and services from the date of injury through death and future losses of support and services. Depending on the survivor’s relationship to the deceased person and the requirements of Florida law, damages may also include loss of companionship and protection, loss of parental companionship, instruction and guidance, and mental pain and suffering.
The estate may have separate recoverable losses. These can include certain lost earnings from the date of injury to death, lost prospective net accumulations when permitted by Florida law, and medical or funeral expenses that were charged against the estate or paid by the estate. Medical and funeral expenses paid by a survivor may instead be recoverable by that survivor under the statutory framework.
Our Jacksonville fatal car accident attorneys identify each category of damages that may apply and gather the evidence necessary to document those losses. Financial records, employment information, medical and funeral expenses, and evidence of the deceased person’s contributions to the household may all become important. This allows us to evaluate the claim according to the actual financial and personal losses recognized by Florida’s Wrongful Death Act.
Calculating the Long-Term Financial Impact of a Fatal Accident
The financial consequences of a fatal car accident can continue for decades, particularly when the person who died provided substantial income or services to a household. Evaluating these losses requires looking beyond the person’s current salary. Age, occupation, employment history, expected career progression, benefits, and anticipated remaining working years may all be relevant when estimating the financial support that would likely have been provided in the future.
The value of household services can also represent a significant loss. Childcare, home maintenance, transportation, meal preparation, financial management, and other responsibilities performed by the deceased person may now have to be provided by surviving family members or purchased from someone else. Florida wrongful death law recognizes the loss of support and services as a distinct component of damages, subject to the circumstances of the individual case.
Future financial losses can become complex when they extend many years into the future. Economists or other qualified professionals may be used in appropriate cases to evaluate projected earnings, employment benefits, inflation, expected personal consumption, and the present value of future losses. These calculations help provide an objective financial basis for losses that cannot be established simply by reviewing past tax returns or recent paychecks.
Our Jacksonville fatal car accident attorneys gather employment records, tax information, benefit statements, and evidence of the services the deceased person provided to help document these long-term losses. The objective is not to assign a financial value to a person’s life, but to accurately account for the economic support and services that surviving family members have lost because of the fatal collision.
Calculating the Long-Term Financial Impact of a Fatal Accident
The financial consequences of a fatal car accident can continue for decades, particularly when the person who died provided substantial income or services to a household. Evaluating these losses requires looking beyond the person’s current salary. Age, occupation, employment history, expected career progression, benefits, and anticipated remaining working years may all be relevant when estimating the financial support that would likely have been provided in the future.
The value of household services can also represent a significant loss. Childcare, home maintenance, transportation, meal preparation, financial management, and other responsibilities performed by the deceased person may now have to be provided by surviving family members or purchased from someone else. Florida wrongful death law recognizes the loss of support and services as a distinct component of damages, subject to the circumstances of the individual case.
Future financial losses can become complex when they extend many years into the future. Economists or other qualified professionals may be used in appropriate cases to evaluate projected earnings, employment benefits, inflation, expected personal consumption, and the present value of future losses. These calculations help provide an objective financial basis for losses that cannot be established simply by reviewing past tax returns or recent paychecks.
Our Jacksonville fatal car accident attorneys gather employment records, tax information, benefit statements, and evidence of the services the deceased person provided to help document these long-term losses. The objective is not to assign a financial value to a person’s life, but to accurately account for the economic support and services that surviving family members have lost because of the fatal collision.
What If the Person Who Died Was Partially Responsible?
A fatal car accident claim does not necessarily disappear because the person who died may have contributed to the collision. An insurance company may argue that the deceased driver was speeding, distracted, failed to yield, or could have taken action to avoid the crash. These allegations can become particularly difficult for surviving family members because the person being blamed is no longer available to explain what happened.
Florida’s comparative negligence law allows responsibility for an accident to be divided among the people who contributed to it. In a wrongful death claim, any percentage of fault legally attributed to the deceased person can reduce the damages that would otherwise be recoverable. Florida’s modified comparative negligence rules can also prevent recovery in most negligence actions when the injured party is found to be more than 50% responsible.
For this reason, objective evidence can be especially important when an insurer attempts to assign fault to someone who died in the collision. Vehicle damage, roadway evidence, witness statements, photographs, video recordings, electronic vehicle data, cell phone records when relevant, and accident reconstruction may provide a more reliable account of what occurred than the surviving driver’s statement alone.
Our Jacksonville fatal car accident attorneys investigate allegations of comparative fault rather than accepting an insurance company’s determination of responsibility. Establishing the actions of every driver involved can help ensure that fault is based on the available evidence and that the family’s claim is not improperly reduced by unsupported allegations about the person who died.
What If the Person Who Died Was Partially Responsible?
A fatal car accident claim does not necessarily disappear because the person who died may have contributed to the collision. An insurance company may argue that the deceased driver was speeding, distracted, failed to yield, or could have taken action to avoid the crash. These allegations can become particularly difficult for surviving family members because the person being blamed is no longer available to explain what happened.
Florida’s comparative negligence law allows responsibility for an accident to be divided among the people who contributed to it. In a wrongful death claim, any percentage of fault legally attributed to the deceased person can reduce the damages that would otherwise be recoverable. Florida’s modified comparative negligence rules can also prevent recovery in most negligence actions when the injured party is found to be more than 50% responsible.
For this reason, objective evidence can be especially important when an insurer attempts to assign fault to someone who died in the collision. Vehicle damage, roadway evidence, witness statements, photographs, video recordings, electronic vehicle data, cell phone records when relevant, and accident reconstruction may provide a more reliable account of what occurred than the surviving driver’s statement alone.
Our Jacksonville fatal car accident attorneys investigate allegations of comparative fault rather than accepting an insurance company’s determination of responsibility. Establishing the actions of every driver involved can help ensure that fault is based on the available evidence and that the family’s claim is not improperly reduced by unsupported allegations about the person who died.
What If the At-Fault Driver Doesn’t Have Enough Insurance?
The losses resulting from a fatal car accident can greatly exceed the amount of insurance carried by the driver who caused the collision. Florida drivers are not generally required to maintain bodily injury liability coverage simply to register most private passenger vehicles. As a result, the responsible driver may have limited bodily injury coverage or none at all, even when the accident results in a death.
Uninsured motorist (UM) and underinsured motorist (UIM) coverage can become particularly important in these cases. UM coverage may provide benefits when the responsible driver has no applicable bodily injury liability insurance, while UIM coverage may apply when the at-fault driver’s liability limits are insufficient. Additional insurance may also be available when another responsible party is identified, such as an employer whose employee caused the collision while acting within the scope of employment.
Our Jacksonville fatal car accident attorneys identify and review potentially applicable insurance policies rather than evaluating a wrongful death claim solely according to the at-fault driver’s coverage. This can include examining vehicle ownership, UM/UIM coverage, commercial policies, and insurance associated with other responsible parties. When a fatal collision creates substantial financial losses, identifying every applicable source of compensation can be an important part of protecting the interests of the estate and surviving family members.
What If the At-Fault Driver Doesn’t Have Enough Insurance?
The losses resulting from a fatal car accident can greatly exceed the amount of insurance carried by the driver who caused the collision. Florida drivers are not generally required to maintain bodily injury liability coverage simply to register most private passenger vehicles. As a result, the responsible driver may have limited bodily injury coverage or none at all, even when the accident results in a death.
Uninsured motorist (UM) and underinsured motorist (UIM) coverage can become particularly important in these cases. UM coverage may provide benefits when the responsible driver has no applicable bodily injury liability insurance, while UIM coverage may apply when the at-fault driver’s liability limits are insufficient. Additional insurance may also be available when another responsible party is identified, such as an employer whose employee caused the collision while acting within the scope of employment.
Our Jacksonville fatal car accident attorneys identify and review potentially applicable insurance policies rather than evaluating a wrongful death claim solely according to the at-fault driver’s coverage. This can include examining vehicle ownership, UM/UIM coverage, commercial policies, and insurance associated with other responsible parties. When a fatal collision creates substantial financial losses, identifying every applicable source of compensation can be an important part of protecting the interests of the estate and surviving family members.
Special Circumstances in Fatal Car Accident Claims
Some fatal car accidents involve circumstances that create additional questions about liability and available insurance. When a driver causes a collision while performing work duties, for example, the employer may potentially be responsible for the employee’s negligence. Crashes involving commercial vehicles can also involve separate commercial insurance policies, vehicle owners, maintenance providers, or other parties whose actions should be investigated.
Fatal accidents involving alcohol or drug impairment can involve both criminal and civil proceedings. A driver’s arrest or prosecution does not replace the family’s wrongful death claim, and evidence developed during the criminal investigation may become relevant to determining civil liability. Depending on the facts, impaired-driving cases can also raise additional issues involving punitive damages or Florida’s dram shop law, although these remedies apply only under specific legal circumstances.
A wrongful death claim also does not necessarily end if the driver who caused the collision dies in the same accident. Applicable automobile insurance may still provide coverage, and claims against the deceased driver’s estate may be possible depending on the circumstances. These cases can require additional procedural steps but can still provide a legal means of pursuing compensation for the surviving family members and estate of the person who was killed.
Other fatal crashes may involve factors beyond driver negligence. Defective vehicle components, negligent repairs, dangerous construction zones, malfunctioning traffic controls, or hazardous roadway conditions may contribute to an accident. Our Jacksonville fatal car accident attorneys examine these possibilities when supported by the evidence because unusual circumstances can affect both who is legally responsible and which sources of compensation may be available.
Special Circumstances in Fatal Car Accident Claims
Some fatal car accidents involve circumstances that create additional questions about liability and available insurance. When a driver causes a collision while performing work duties, for example, the employer may potentially be responsible for the employee’s negligence. Crashes involving commercial vehicles can also involve separate commercial insurance policies, vehicle owners, maintenance providers, or other parties whose actions should be investigated.
Fatal accidents involving alcohol or drug impairment can involve both criminal and civil proceedings. A driver’s arrest or prosecution does not replace the family’s wrongful death claim, and evidence developed during the criminal investigation may become relevant to determining civil liability. Depending on the facts, impaired-driving cases can also raise additional issues involving punitive damages or Florida’s dram shop law, although these remedies apply only under specific legal circumstances.
A wrongful death claim also does not necessarily end if the driver who caused the collision dies in the same accident. Applicable automobile insurance may still provide coverage, and claims against the deceased driver’s estate may be possible depending on the circumstances. These cases can require additional procedural steps but can still provide a legal means of pursuing compensation for the surviving family members and estate of the person who was killed.
Other fatal crashes may involve factors beyond driver negligence. Defective vehicle components, negligent repairs, dangerous construction zones, malfunctioning traffic controls, or hazardous roadway conditions may contribute to an accident. Our Jacksonville fatal car accident attorneys examine these possibilities when supported by the evidence because unusual circumstances can affect both who is legally responsible and which sources of compensation may be available.
Criminal Charges vs. a Civil Wrongful Death Claim
A fatal car accident may result in criminal charges when the driver’s conduct potentially violated Florida criminal law. Depending on the circumstances, charges could involve DUI manslaughter, vehicular homicide, or other offenses. The criminal case is brought by the government and is intended to determine whether the defendant committed a crime and, if convicted, what criminal penalties should be imposed.
A civil wrongful death claim serves a different purpose. The personal representative brings the claim on behalf of the deceased person’s estate and eligible survivors to pursue compensation from the parties legally responsible for the death. A criminal prosecution does not compensate a family for the full range of damages available through a wrongful death action, and families do not have to rely on prosecutors to pursue their civil rights.
Evidence from a criminal investigation may become relevant to the civil case, but the two proceedings have different legal standards and can produce different outcomes. A driver does not necessarily have to be convicted of a crime for civil liability to exist. Our Jacksonville fatal car accident attorneys evaluate the wrongful death claim independently while considering how any related criminal investigation or prosecution may affect the evidence and progression of the civil case.
Criminal Charges vs. a Civil Wrongful Death Claim
A fatal car accident may result in criminal charges when the driver’s conduct potentially violated Florida criminal law. Depending on the circumstances, charges could involve DUI manslaughter, vehicular homicide, or other offenses. The criminal case is brought by the government and is intended to determine whether the defendant committed a crime and, if convicted, what criminal penalties should be imposed.
A civil wrongful death claim serves a different purpose. The personal representative brings the claim on behalf of the deceased person’s estate and eligible survivors to pursue compensation from the parties legally responsible for the death. A criminal prosecution does not compensate a family for the full range of damages available through a wrongful death action, and families do not have to rely on prosecutors to pursue their civil rights.
Evidence from a criminal investigation may become relevant to the civil case, but the two proceedings have different legal standards and can produce different outcomes. A driver does not necessarily have to be convicted of a crime for civil liability to exist. Our Jacksonville fatal car accident attorneys evaluate the wrongful death claim independently while considering how any related criminal investigation or prosecution may affect the evidence and progression of the civil case.
Insurance Company Tactics and Early Settlement Offers
Insurance companies may begin investigating a fatal accident shortly after the collision, often before the surviving family fully understands its legal and financial consequences. An insurer may dispute how the crash occurred, attempt to assign some responsibility to the person who died, question whether another party is legally responsible, or take a narrow view of the damages available under Florida law. These issues can substantially affect the value of a wrongful death claim.
An early settlement offer can be particularly difficult to evaluate when future financial losses have not yet been calculated. Lost income, employment benefits, household services, and financial support may extend many years into the future. The rights of individual survivors and the estate must also be considered. Accepting a settlement generally requires releasing the responsible parties from further liability, making it important to understand the reasonably anticipated losses before resolving the claim.
Our Jacksonville fatal car accident attorneys investigate liability, identify available insurance coverage, and document the damages recoverable by the estate and qualifying survivors before evaluating a settlement. When an insurer disputes responsibility or undervalues the claim, we use the available evidence to challenge those positions and negotiate for compensation that reflects the losses recognized under Florida’s Wrongful Death Act.
Insurance Company Tactics and Early Settlement Offers
Insurance companies may begin investigating a fatal accident shortly after the collision, often before the surviving family fully understands its legal and financial consequences. An insurer may dispute how the crash occurred, attempt to assign some responsibility to the person who died, question whether another party is legally responsible, or take a narrow view of the damages available under Florida law. These issues can substantially affect the value of a wrongful death claim.
An early settlement offer can be particularly difficult to evaluate when future financial losses have not yet been calculated. Lost income, employment benefits, household services, and financial support may extend many years into the future. The rights of individual survivors and the estate must also be considered. Accepting a settlement generally requires releasing the responsible parties from further liability, making it important to understand the reasonably anticipated losses before resolving the claim.
Our Jacksonville fatal car accident attorneys investigate liability, identify available insurance coverage, and document the damages recoverable by the estate and qualifying survivors before evaluating a settlement. When an insurer disputes responsibility or undervalues the claim, we use the available evidence to challenge those positions and negotiate for compensation that reflects the losses recognized under Florida’s Wrongful Death Act.
How Our Jacksonville Fatal Car Accident Attorneys Build a Claim
Building a fatal car accident claim begins with determining how the collision occurred and preserving the evidence needed to establish responsibility. At McGRATH GIBSON LAW, we obtain available crash reports, photographs, video, witness statements, vehicle information, and other relevant evidence. Depending on the circumstances, we may also investigate electronic vehicle data, cell phone records, toxicology findings, or work with accident reconstruction professionals to develop a clearer understanding of the events leading to the crash.
We then identify every potentially responsible party and investigate the insurance coverage that may apply. This can include the at-fault driver’s bodily injury liability insurance, uninsured or underinsured motorist coverage, commercial policies, and coverage associated with employers or other responsible parties. At the same time, we determine who qualifies as a survivor under Florida law and work with the personal representative responsible for bringing the wrongful death action.
Documenting damages requires us to understand both the immediate and long-term consequences of the death. We gather employment and financial records, medical and funeral expenses, and information about the financial support and household services the deceased person provided. When appropriate, economists or other qualified professionals may assist in evaluating future financial losses. We also document the legally recognized personal losses suffered by qualifying survivors.
Our Jacksonville fatal car accident attorneys use this evidence to develop and present the wrongful death claim to the responsible parties and their insurers. We negotiate based on the documented liability and damages rather than simply accepting an insurer’s initial assessment. If a fair resolution cannot be reached through negotiation, we are prepared to pursue the claim through litigation and present the evidence in court.
How Our Jacksonville Fatal Car Accident Attorneys Build a Claim
Building a fatal car accident claim begins with determining how the collision occurred and preserving the evidence needed to establish responsibility. At McGRATH GIBSON LAW, we obtain available crash reports, photographs, video, witness statements, vehicle information, and other relevant evidence. Depending on the circumstances, we may also investigate electronic vehicle data, cell phone records, toxicology findings, or work with accident reconstruction professionals to develop a clearer understanding of the events leading to the crash.
We then identify every potentially responsible party and investigate the insurance coverage that may apply. This can include the at-fault driver’s bodily injury liability insurance, uninsured or underinsured motorist coverage, commercial policies, and coverage associated with employers or other responsible parties. At the same time, we determine who qualifies as a survivor under Florida law and work with the personal representative responsible for bringing the wrongful death action.
Documenting damages requires us to understand both the immediate and long-term consequences of the death. We gather employment and financial records, medical and funeral expenses, and information about the financial support and household services the deceased person provided. When appropriate, economists or other qualified professionals may assist in evaluating future financial losses. We also document the legally recognized personal losses suffered by qualifying survivors.
Our Jacksonville fatal car accident attorneys use this evidence to develop and present the wrongful death claim to the responsible parties and their insurers. We negotiate based on the documented liability and damages rather than simply accepting an insurer’s initial assessment. If a fair resolution cannot be reached through negotiation, we are prepared to pursue the claim through litigation and present the evidence in court.
How Long Do You Have to File a Fatal Car Accident Claim in Florida?
Florida law generally provides two years from the date of death to file a wrongful death lawsuit. If the applicable deadline expires before the lawsuit is filed, the estate and surviving family members can lose the right to pursue compensation. However, the circumstances of a particular case can affect the applicable deadline, and claims involving governmental entities or other special circumstances may be subject to additional notice requirements or procedural rules.
The legal filing deadline should not be confused with the amount of time available to investigate the collision effectively. Important evidence can disappear long before the statute of limitations expires. Vehicles may be repaired, sold, or destroyed; surveillance and dashcam recordings may be overwritten; roadway evidence can change; and witnesses can become difficult to locate or may forget important details about what they observed.
Our Jacksonville fatal car accident attorneys identify applicable deadlines and work to preserve important evidence while it remains available. Beginning the investigation early can provide an opportunity to inspect vehicles, locate witnesses, request available video, preserve electronic information, and document other evidence before it is lost. This can be especially important in a fatal accident because the person who died is unable to provide their own account of how the collision occurred.
How Long Do You Have to File a Fatal Car Accident Claim in Florida?
Florida law generally provides two years from the date of death to file a wrongful death lawsuit. If the applicable deadline expires before the lawsuit is filed, the estate and surviving family members can lose the right to pursue compensation. However, the circumstances of a particular case can affect the applicable deadline, and claims involving governmental entities or other special circumstances may be subject to additional notice requirements or procedural rules.
The legal filing deadline should not be confused with the amount of time available to investigate the collision effectively. Important evidence can disappear long before the statute of limitations expires. Vehicles may be repaired, sold, or destroyed; surveillance and dashcam recordings may be overwritten; roadway evidence can change; and witnesses can become difficult to locate or may forget important details about what they observed.
Our Jacksonville fatal car accident attorneys identify applicable deadlines and work to preserve important evidence while it remains available. Beginning the investigation early can provide an opportunity to inspect vehicles, locate witnesses, request available video, preserve electronic information, and document other evidence before it is lost. This can be especially important in a fatal accident because the person who died is unable to provide their own account of how the collision occurred.
FAQs About Fatal Car Accident Claims in Jacksonville
Who actually files a wrongful death lawsuit in Florida? The personal representative of the deceased person’s estate files the wrongful death action on behalf of the estate and qualifying survivors. Surviving family members generally do not each file separate wrongful death lawsuits arising from the same fatal accident.
Which family members may receive compensation? Florida’s Wrongful Death Act defines survivors to include the deceased person’s spouse, children, and parents, as well as certain blood relatives and adoptive siblings who were partly or wholly dependent on the deceased person for support or services. The damages available to an individual survivor depend on the person’s relationship to the deceased and other circumstances specified by Florida law.
What if the person who died was partially responsible for the accident? Partial responsibility does not necessarily eliminate a wrongful death claim. Florida’s comparative negligence rules can reduce the recoverable damages according to the percentage of fault attributed to the deceased person. In most negligence actions, however, recovery is generally barred if the deceased person is determined to have been more than 50% responsible.
What if the at-fault driver was uninsured? Uninsured motorist coverage may provide compensation when an at-fault driver does not have applicable bodily injury liability insurance. Underinsured motorist coverage may apply when the driver’s insurance is insufficient to cover the losses. Our Jacksonville fatal car accident attorneys also investigate whether other responsible parties and insurance policies may apply.
What happens if the at-fault driver also died in the accident? The death of the negligent driver does not necessarily prevent a wrongful death claim. Applicable automobile insurance may still provide coverage, and a claim involving the deceased driver’s estate may be possible. Additional procedural requirements can apply in these circumstances.
Does a criminal case affect the wrongful death claim? A criminal prosecution and a civil wrongful death claim are separate proceedings. Evidence developed during a criminal investigation may be relevant to the civil case, but a criminal conviction is not necessarily required to establish civil liability. The wrongful death claim can therefore proceed independently of the criminal prosecution.
How long does a fatal car accident case take? There is no standard timeline. The length of a case depends on factors such as whether liability is disputed, the number of responsible parties, available insurance coverage, the complexity of the damages, and whether litigation becomes necessary. Cases involving substantial future financial losses may also require expert analysis before they can be properly evaluated.
How much does it cost to hire a fatal car accident attorney? McGRATH GIBSON LAW handles wrongful death and personal injury cases on a contingency-fee basis, meaning attorney’s fees are generally paid from the recovery rather than through upfront hourly fees. The representation agreement explains the applicable fee and how case costs and expenses will be handled.
FAQs About Fatal Car Accident Claims in Jacksonville
Who actually files a wrongful death lawsuit in Florida? The personal representative of the deceased person’s estate files the wrongful death action on behalf of the estate and qualifying survivors. Surviving family members generally do not each file separate wrongful death lawsuits arising from the same fatal accident.
Which family members may receive compensation? Florida’s Wrongful Death Act defines survivors to include the deceased person’s spouse, children, and parents, as well as certain blood relatives and adoptive siblings who were partly or wholly dependent on the deceased person for support or services. The damages available to an individual survivor depend on the person’s relationship to the deceased and other circumstances specified by Florida law.
What if the person who died was partially responsible for the accident? Partial responsibility does not necessarily eliminate a wrongful death claim. Florida’s comparative negligence rules can reduce the recoverable damages according to the percentage of fault attributed to the deceased person. In most negligence actions, however, recovery is generally barred if the deceased person is determined to have been more than 50% responsible.
What if the at-fault driver was uninsured? Uninsured motorist coverage may provide compensation when an at-fault driver does not have applicable bodily injury liability insurance. Underinsured motorist coverage may apply when the driver’s insurance is insufficient to cover the losses. Our Jacksonville fatal car accident attorneys also investigate whether other responsible parties and insurance policies may apply.
What happens if the at-fault driver also died in the accident? The death of the negligent driver does not necessarily prevent a wrongful death claim. Applicable automobile insurance may still provide coverage, and a claim involving the deceased driver’s estate may be possible. Additional procedural requirements can apply in these circumstances.
Does a criminal case affect the wrongful death claim? A criminal prosecution and a civil wrongful death claim are separate proceedings. Evidence developed during a criminal investigation may be relevant to the civil case, but a criminal conviction is not necessarily required to establish civil liability. The wrongful death claim can therefore proceed independently of the criminal prosecution.
How long does a fatal car accident case take? There is no standard timeline. The length of a case depends on factors such as whether liability is disputed, the number of responsible parties, available insurance coverage, the complexity of the damages, and whether litigation becomes necessary. Cases involving substantial future financial losses may also require expert analysis before they can be properly evaluated.
How much does it cost to hire a fatal car accident attorney? McGRATH GIBSON LAW handles wrongful death and personal injury cases on a contingency-fee basis, meaning attorney’s fees are generally paid from the recovery rather than through upfront hourly fees. The representation agreement explains the applicable fee and how case costs and expenses will be handled.
Learn More About Motor Vehicle Accident Claims
No two motor vehicle accidents are exactly alike, and the laws, insurance issues, and evidence involved can vary depending on the type of collision and the circumstances surrounding it. Throughout my years representing injured clients, I have learned that understanding these differences often helps people make better decisions after an accident. I created the following resources to provide more detailed information about many of the specific legal issues I encounter in my practice as a car accident lawyer in Jacksonville. Whether your accident involved a commercial truck, motorcycle, pedestrian, bicycle, or another type of motor vehicle collision, these articles are designed to help you better understand your legal rights and the factors that may affect your claim.
Visit Our Main Car Accidents Representation Page
How We File Your Claims
Florida Car Accident Laws
Uninsured and Underinsured Drivers
Multi-Car Accidents
Rear-End Collisions
Head On Collisions
Hit-and-Run Accidents
Ride-Share Accidents
Distracted Driver Accidents
Parking Lot Accidents
Victims of Drunk Drivers
Learn More About Motor Vehicle Accident Claims
No two motor vehicle accidents are exactly alike, and the laws, insurance issues, and evidence involved can vary depending on the type of collision and the circumstances surrounding it. Throughout my years representing injured clients, I have learned that understanding these differences often helps people make better decisions after an accident. I created the following resources to provide more detailed information about many of the specific legal issues I encounter in my practice as a car accident lawyer in Jacksonville. Whether your accident involved a commercial truck, motorcycle, pedestrian, bicycle, or another type of motor vehicle collision, these articles are designed to help you better understand your legal rights and the factors that may affect your claim.
Visit Our Main Car Accidents Representation Page
How We File Your Claims
Florida Car Accident Laws
Uninsured and Underinsured Drivers
Multi-Car Accidents
Rear-End Collisions
Head On Collisions
Hit-and-Run Accidents
Ride-Share Accidents
Distracted Driver Accidents
Parking Lot Accidents
Victims of Drunk Drivers
Meet Michael D. McGrath
Managing Partner
I co-founded McGRATH GIBSON LAW in 2007 with my law partner, Brad Gibson, after we combined our respective practices to better serve individuals and families throughout Northeast Florida. As the firm’s managing partner, I concentrate my practice on representing clients in serious personal injury, wrongful death, and negligence cases, including those involving motor vehicle accidents.
I am licensed to practice law in Florida, Georgia, and North Carolina and am a member of the state bar in each jurisdiction. Throughout my career, I have remained committed to providing clients with honest legal guidance, thorough case preparation, and personalized representation based on the unique facts of every case.
My professional credentials include an AV Preeminent® Peer Review Rating from Martindale-Hubbell® and a Superb rating from Avvo®. The AV Preeminent rating is based on confidential peer evaluations by members of the legal profession and reflects assessments of professional ethics and legal ability. According to Martindale-Hubbell, attorneys must generally have been admitted to practice for at least ten years before becoming eligible for this distinction.
Whether you are researching your legal options or deciding whether to hire a car accident lawyer in Jacksonville, I believe it is important to understand the qualifications and experience of the attorney who may represent you. My goal is to provide clear legal advice, answer your questions honestly, and help you make informed decisions about your case.

Meet Michael D. McGrath
Managing Partner

I co-founded McGRATH GIBSON LAW in 2007 with my law partner, Brad Gibson, after we combined our respective practices to better serve individuals and families throughout Northeast Florida. As the firm’s managing partner, I concentrate my practice on representing clients in serious personal injury, wrongful death, and negligence cases, including those involving motor vehicle accidents.
I am licensed to practice law in Florida, Georgia, and North Carolina and am a member of the state bar in each jurisdiction. Throughout my career, I have remained committed to providing clients with honest legal guidance, thorough case preparation, and personalized representation based on the unique facts of every case.
My professional credentials include an AV Preeminent® Peer Review Rating from Martindale-Hubbell® and a Superb rating from Avvo®. The AV Preeminent rating is based on confidential peer evaluations by members of the legal profession and reflects assessments of professional ethics and legal ability. According to Martindale-Hubbell, attorneys must generally have been admitted to practice for at least ten years before becoming eligible for this distinction.
Whether you are researching your legal options or deciding whether to hire a car accident lawyer in Jacksonville, I believe it is important to understand the qualifications and experience of the attorney who may represent you. My goal is to provide clear legal advice, answer your questions honestly, and help you make informed decisions about your case.
Meet Michael D. McGrath
Managing Partner

I co-founded McGRATH GIBSON LAW in 2007 with my law partner, Brad Gibson, after we combined our respective practices to better serve individuals and families throughout Northeast Florida. As the firm’s managing partner, I concentrate my practice on representing clients in serious personal injury, wrongful death, and negligence cases, including those involving motor vehicle accidents.
I am licensed to practice law in Florida, Georgia, and North Carolina and am a member of the state bar in each jurisdiction. Throughout my career, I have remained committed to providing clients with honest legal guidance, thorough case preparation, and personalized representation based on the unique facts of every case.
My professional credentials include an AV Preeminent® Peer Review Rating from Martindale-Hubbell® and a Superb rating from Avvo®. The AV Preeminent rating is based on confidential peer evaluations by members of the legal profession and reflects assessments of professional ethics and legal ability. According to Martindale-Hubbell, attorneys must generally have been admitted to practice for at least ten years before becoming eligible for this distinction.
Whether you are researching your legal options or deciding whether to hire a car accident lawyer in Jacksonville, I believe it is important to understand the qualifications and experience of the attorney who may represent you. My goal is to provide clear legal advice, answer your questions honestly, and help you make informed decisions about your case.
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McGRATH GIBSON LAW
PERSONAL INJURY | FAMILY LAW | CRIMINAL DEFENSE
ATTORNEY DISCLAIMER
The Jacksonville personal injury attorneys, family law attorneys and criminal defense attorneys of McGRATH GIBSON LAW are licensed to practice in the states of Florida, Georgia, and North Carolina. Additionally, we represent the injured throughout the United States pro hoc vice, and with the help of local counsel. While we strive to personally handle all types of personal injury and wrongful death claims there are occasions where cases may be referred to another lawyer.
We also support our veterans by proudly providing representation for Military Veterans and the Men and Women who currently serve in our armed forces at the Mayport Naval Station, Naval Air Station of Jacksonville, Camp Blanding, United States Army, Army Reserve, United States Marines, Florida National Guard, Air National Guard, United States Coast Guard, Air Force, and Air Force Reserve. McGRATH GIBSON LAW family law attorneys offer representation in the areas of Family Law, Divorce, Alimony, Child Custody and Child Support throughout Florida. Representation for Military Divorce handled throughout the United States and U.S. Territories independently or with local counsel where required.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. This website is not intended to be an advertisement or solicitation. Material contained in the McGRATH GIBSON LAW website is for general information only and does not constitute legal advice or solicitation of legal services. Transmission of information from this website is not intended to create, and its receipt does not constitute an attorney-client relationship between the law firm of McGRATH GIBSON LAW and the reader. In the event that any information on this website does not conform fully with regulations in any jurisdiction, this law firm will not accept representation based on that information.
Information contained herein is the exclusive property of McGRATH GIBSON LAW and may not be copied, reproduced retransmitted or otherwise utilized for any purpose without the express written consent of McGRATH GIBSON LAW.
McGRATH GIBSON LAW
PERSONAL INJURY | FAMILY LAW | CRIMINAL DEFENSE
ATTORNEY DISCLAIMER
The Jacksonville personal injury attorneys, family law attorneys and criminal defense attorneys of McGRATH GIBSON are licensed to practice in the states of Florida, Georgia, and North Carolina. Additionally, we represent the injured throughout the United States pro hoc vice, and with the help of local counsel. While we strive to personally handle all types of personal injury and wrongful death claims there are occasions where cases may be referred to another lawyer.
We also support our veterans by proudly providing representation for Military Veterans and the Men and Women who currently serve in our armed forces at the Mayport Naval Station, Naval Air Station of Jacksonville, Camp Blanding, United States Army, Army Reserve, United States Marines, Florida National Guard, Air National Guard, United States Coast Guard, Air Force, and Air Force Reserve. McGRATH GIBSON family law attorneys offer representation in the areas of Family Law, Divorce, Alimony, Child Custody and Child Support throughout Florida. Representation for Military Divorce handled throughout the United States and U.S. Territories independently or with local counsel where required.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. This website is not intended to be an advertisement or solicitation. Material contained in the McGRATH GIBSON website is for general information only and does not constitute legal advice or solicitation of legal services. Transmission of information from this website is not intended to create, and its receipt does not constitute an attorney-client relationship between the law firm of McGRATH GIBSON and the reader. In the event that any information on this website does not conform fully with regulations in any jurisdiction, this law firm will not accept representation based on that information.
Information contained herein is the exclusive property of McGRATH GIBSON and may not be copied, reproduced retransmitted or otherwise utilized for any purpose without the express written consent of McGRATH GIBSON.
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