How to Win a Florida Wrongful Death Case

Searcy Denney Scarola Barnhart & Shipley
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Searcy Denney Scarola Barnhart & Shipley

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.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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