Wrongful death is defined as a death caused by the wrongful act of another, either accidentally or intentionally. A wrongful death lawsuit is a civil claim filed by the personal representative of the deceased person’s estate. The personal representative makes the claim on behalf of certain survivors, which can include the spouse, children, and/or parents, depending upon the individual circumstances of each case. If you have lost a loved one due to someone else’s negligence or intentional act, a wrongful death attorney in Florida can help.
What Are the Common Causes of Wrongful Death?
Wrongful death cases may arise out of any number of circumstances, including:
· Car accidents
· Truck accidents
· Watercraft and boating accidents
· Use of unsafe products
· Unsafe medical devices
· Accidents on another’s property
· Medical malpractice
· Bicycle accidents
· Dog and other animal attacks
· Motorcycle accidents
· Pedestrian accidents
· Slip, trip and fall accidents
· Swimming pool accidents
· Elevator and escalator accidents
· Cruise ship accidents and illnesses
· Hotel and resort accidents and illnesses
· Many other types of accidents ranging from golf cart accidents, construction accidents, and amusement park accidents to ATV and four-wheeler accidents.
What Do I Need to Prove in a Florida Wrongful Death Claim?
Most wrongful death claims are based on the legal theory of “negligence.” You will have to prove four basic elements to win a wrongful death lawsuit:
- Duty of Care. You must first show that the defendant had a legal obligation to act reasonably to prevent your loved one from being killed. Duty of care is determined by a judge or jury that compares how a reasonable person would behave in similar circumstances.
- Breach. Next, you must show that the defendant breached this duty of care; in other words, that the defendant did not act as a reasonable person would in similar circumstances.
- Causation. You must also prove that the breach of duty was directly responsible for the death of the victim.
- Damages. Finally, you must demonstrate that your loved one’s death resulted in damages to you or your family. Damages are translated into financial terms of compensation.
In short, to succeed in a wrongful death lawsuit, you must show that the defendant committed the act, intended the consequences or knew with substantial certainty the consequences would occur, that the action was a significant factor of the resulting death and that the death of your loved one resulted in damages to you or your family.
Contact a Wrongful Death Attorney in Florida if You Have Lost a Loved One Due to Someone Else’s Negligence
Wrongful death claims can be complicated. Our wrongful death attorneys in Florida realize that no amount of money can replace the loss of a loved one. However, this does not change the fact that you deserve to be compensated for your loss.