What Do I Need to Prove to Have a Successful Wrongful Death Claim in Florida?

What Do I Need to Prove to Have a Successful Wrongful Death Claim in Florida?

On Behalf of Rosenthal, Levy, Simon & Sosa | June 4, 2022 | Wrongful Death

It’s perfectly normal to grieve, become angry, and feel concern for your future when you suffer the untimely death of a loved one because of another’s negligence. Apart from grieving for your loved one’s death, you and your family may also be facing costly medical expenses from your loved one’s fight to survive.

Unfortunately, you have the legal option of bringing a wrongful death claim in Florida to pursue compensation for all the losses you incurred due to your loved one’s untimely demise and certain future losses. However, specific elements must be proven to ensure the success of your wrongful death claim.

What Elements Must Be Proven in a Florida Wrongful Death Claim?

Put simply, the survivors of a deceased individual bring a wrongful death claim, stating that their loved one was killed because of the defendant’s actions. It will be up to the survivors or claimants to show that these elements exist:

• The defendant’s actions contributed to or directly caused the deceased individual’s untimely death. Common examples of situations that give rise to wrongful death claims include intentional acts, such as murder, as well as reckless or negligent acts, including motor vehicle crashes, deaths due to defective products, or medical malpractice.
• The defendant negligently, recklessly, or deliberately caused the deceased individual’s death or was strictly liable for it.
• The deceased individual is survived by either dependents or beneficiaries.
• The deceased individual’s death has affected their surviving family in a way that causes them monetary damages.

What a Florida Wrongful Death Attorney Can Do

In some wrongful death claims, proving these elements can be relatively straightforward. For instance, a police report stating that a motorist who was caught driving under the influence of drugs or alcohol caused another individual’s death clearly establishes fault and liability of the drunk driver as well as the damages to the surviving family.

In most cases, however, it may be harder to prove fault and liability if the cause of death is distracted driving or right-of-way violations. In cases where fault is not clear, working with an experienced Florida wrongful death attorney can help make sure that fault and the other elements of wrongful death will be proven.

A wrongful death attorney has the necessary resources to prove fault and investigate the facts surrounding your loved one’s death. Aside from the standard investigation tactics, an attorney can hire experts to review the facts of the accident or event that caused the death to prove fault and other investigative methods that are not available to the public.

Talk to an Experienced Wrongful Death Attorney in Florida Now

If your loved one was killed due to someone else’s negligent or intentional actions, and you’re looking for an experienced Florida wrongful death attorney to guide you through the legal system, insurance roadblocks, and ensure that you recover damages for your losses, contact Rosenthal, Levy, Simon & Sosa today. Schedule your free consultation by reaching us online or calling 561-478-2500.