Proving wrongful death typically involves investigating and gathering evidence that shows another party was negligent. The death of a loved one is one of the most difficult things anyone can go through. When their death was due to someone else’s negligence, you likely want that party to be held accountable.
Holding them financially accountable in a wrongful death claim or lawsuit is one way to do so. A West Palm Beach wrongful death lawyer from GOLDLAW can help with your case.
How Can You Prove Wrongful Death in Florida?
In wrongful death cases, the claimant must be able to prove that someone else’s careless or reckless actions led to the death of their loved one. Doing so requires showing that the four elements of negligence were met. These elements are:
Duty of Care
Duty of care refers to the responsibility that a party has towards another. For example:
- Motorists must follow traffic laws to ensure the safety of everyone on the road.
- Property owners must maintain safe premises for guests or customers.
- Nursing homes must ensure that standards of care are taken when treating residents.
To prove that someone owed the decedent a duty of care, your lawyer will show that a relationship between the two parties existed. For example, your loved one was a resident at a nursing home or was a customer at a store.
Breach of Duty
When people fail to act responsibly, accidents can happen. These breaches can come in the form of careless or reckless actions that, even unintentionally, endanger others. For example:
- Drivers who are inebriated, speeding, distracted, or driving aggressively.
- Companies that fail to properly hire or train their employees, or push them to disregard safety regulations.
- Property owners who do not clear dangerous hazards from their premises.
- Nursing staff who fail to provide medical services or do so in an unsafe manner.
Causation
Next, your lawyer will need to link the breach directly to the accident or injury that was caused by it. For example:
- A drunk driver swerved into another lane, striking a vehicle.
- Bedsores went untreated at a nursing home, leading to an infection.
- A truck driver fell asleep at the wheel after breaking hours-of-service regulations, and crashed into a car.
Damages
Finally, a West Palm Beach personal injury lawyer from GOLDLAW will prove your losses due to the accident. These can include end-of-life medical care. They may consult with doctors or financial experts to explain the effect of the loss on your life.
For a free legal consultation, call 561-222-2222
What Evidence Can Help Prove Wrongful Death in Florida?
The available evidence for your case will depend on where and what happened. For example, a car accident in a busy downtown street might have more available witnesses and video footage than one that takes place late at night on a highway.
Helpful evidence can include:
- Witness statements.
- Video footage.
- Photographs of the accident scene.
- Medical records.
- Police or incident reports.
- Documentation like phone records, Blood Alcohol Concentration (BAC) tests, black box data, and maintenance records.
- Expert testimony, such as from an accident reconstructionist.
Your wrongful death attorney at GOLDLAW will use the collected evidence to build a strong case that a party was negligent.
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How Quickly Must Wrongful Death Cases Be Proven in Florida?
Under Florida Statutes 95.11, you generally have two years from the date of death to file a wrongful death lawsuit. However, there are important exceptions to this timeline, so always discuss it with your lawyer.
If you fail to file a wrongful death lawsuit on time, it may bar you from recovering compensation. Your attorney at GOLDLAW will begin work on your case as soon as possible to ensure timely filing.
Call or text 561-222-2222 or complete a Free Case Evaluation form
How Can a Wrongful Death Lawyer Help With Your Case?
In addition to investigating and proving wrongful death, your lawyer will handle the entirety of the legal process. This can include:
- Handling all communication and negotiations with insurance companies.
- Filing all needed paperwork.
- Representing your case in court, if necessary.
- Offering guidance on any settlement offers you receive.
At GOLDLAW, your legal team is there to support you. They will answer any questions you have about the legal process and where your case stands.
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What Compensation Can Be Recovered in a Successful Wrongful Death Case?
The recoverable costs in a wrongful death case vary based on the losses involved. The costs of a wrongful death often add unexpected financial pressures on top of the grieving process. A wrongful death claim can help relieve this pressure, so you can focus on your family and remembering your loved one.
You may be able to recover compensation for:
- Medical expenses: For example, the emergency care or end-of-life medical services that your loved one received.
- Funeral costs: You may also be able to recover burial or cremation expenses.
- Loss of financial support: If you depended on the income of the decedent.
- Loss of emotional support: When children are involved, loss of parental guidance is also considered.
- Other non–economic losses: These can include the decedent’s pain and suffering, as well as their emotional distress.
A wrongful death attorney from GOLDLAW will seek the maximum compensation you are eligible to recover.
Contact a West Palm Beach Wrongful Death Attorney
How do you prove wrongful death in Florida? Proof begins with a careful investigation. Our legal team is here to help you prove the at-fault party (or parties) if you’ve lost a loved one due to someone else’s negligence.
The GOLDLAW team works on contingency, so you won’t pay us any upfront costs. Most cases take under a year, and You Will Never Get a Bill. Contact us today to schedule a free consultation. Get GOLDLAW and get the help you need and the compensation you deserve.
