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A wrongful death is devastating to the survivors left behind. While no amount of compensation can make up for the loss, seeking justice can provide you with the closure you need. But to receive compensation, you must prove the incident was a wrongful death.
Eltringham Law Group understands what qualifies as wrongful death. We will gather wrongful death evidence that helps you prove your claim. We will help you establish a strong case and get you the compensation you deserve.
How Do You Prove Wrongful Death?
To establish a wrongful death, you must prove the following wrongful death elements below.
A duty of care existed
A duty of care is the responsibility of a person to act in a reasonable manner that does not endanger others. For example, when you are driving, you have a duty of care to follow the rules of the road so as not to create a hazardous situation.
The duty of care was violated
Next, you must prove that the defendant’s negligent behavior violated that duty. So, if a motorist on the road exhibited behavior considered unsafe such as speeding or running a red light, that would be an example of a violation of duty of care.
The defendant’s negligence caused the death
You must establish that the negligent activity was directly responsible for the death. So if the defendant was driving recklessly, you must prove that their reckless driving was the cause of the victim’s death. Evidence must be collected to establish that the negligence was directly linked to the death, which may include the following:
- Eye witness testimony
- Pictures taken at the site of the accident
- Police reports
- Medical records
- Expert testimony
- Forensic data
You suffered damages because of the death
Relatives must prove that the death resulted in legal damages. Damages can include any of the following:
- Emotional pain and suffering
- Funeral and burial expenses
- A loss of income due to the deceased no longer being able to contribute to the family financially
- Medical expenses incurred to attempt to save the victim’s life
- Compensation to cover the services the deceased provided for the family, such as childcare, elderly care, and household chores and tasks
Who Can Bring a Wrongful Death Claim in Florida?
To collect damages in a wrongful death lawsuit in Florida, you must be a close relative of the deceased who counted on them for financial or emotional support. Typically, the spouse will bring the claim. If the decedent wasn’t married, their children may file the suit. If there are no children, the parents may take legal action.
If the deceased does not have living parents, a spouse, or children, another person who benefited financially or emotionally from their relationship with the victim may bring the claim. Or a personal representative may be appointed to sue on behalf of the deceased’s estate.
The person bringing the case will be responsible for distributing the money amongst all parties who suffered a loss due to the decedent’s death. If there are any disputes, the court may be brought in to settle the matter. The court may also be brought in before disbursement to ensure the monies are distributed fairly.
Eltringham Law Group Can Help You With Your Wrongful Death Lawsuit
Proving a wrongful death case can often be difficult. Eltringham Law Group will help you gather and present the necessary wrongful death elements to ensure you build a strong case. We offer compassionate service, follow-through, and winning results. We will fight to ensure you get the compensation you deserve. Contact our law group today to begin your case.
