To have a successful wrongful death case in Florida, you must prove various elements using evidence. Supporting information can include eyewitness testimony, a medical examiner’s report, and photos of the accident scene. But what does all of this information need to prove?
With the help of a lawyer, you can prove that because another party acted negligently, your loved one passed away. Here, you can learn more about that process and the importance of considering legal help.
A Successful Wrongful Death Claim Requires Proving Negligence
As noted, proving negligence requires showing that another party’s actions led to your loved one’s passing. Proving negligence comprises four elements, such as:
- Duty of care: The at-fault individual had an obligation to act in a manner that would not endanger another person. For instance, all motorists have a duty of care to operate their vehicles with caution.
- Breach of duty: This individual breached their duty through some act of carelessness. A motorist who speeds breaches their duty of care because they risk causing an accident.
- Causation: The at-fault party’s actions directly (or mostly) caused your loved one’s passing.
- Damages: Your loved one’s death resulted in losses and expenditures, such as hospital bills, automobile repairs, and funeral expenses.
You must prove negligence in premises liability and car accident cases. However, not all cases require you to prove negligence. For instance, if your loved one lost their life after using a faulty power tool, you wouldn’t have to prove that the manufacturer acted carelessly. Instead, you would assert that because the tool backfired, your loved one passed away, and you have damages.
Supporting Evidence In A Florida Wrongful Death Case
Supporting evidence in a wrongful death case may include:
Accident Reconstruction Data
Accident reconstruction analysts use a combination of physics, computer simulations, and math to learn how certain events happen. For instance, an accident reconstruction specialist could learn valuable insight into what caused a fatal collision.
A Medical Examiner’s Report
A medical examiner’s report can generate valuable information about the details of your loved one’s passing, including the cause of their death. These reports are especially useful in medical malpractice cases, as they can reveal important information about a botched surgery or error.
Information About Your Financial Losses
In addition to proving the at-fault party’s role in your loved one’s passing, you must also assert the amount of compensation you’re requesting. When you work with a lawyer, they may use the following items to learn what constitutes a fair settlement:
- Your loved one’s employment records and wage statements
- End-of-life medical bills
- Property damage estimates and repair receipts
- Testimony about your pain and suffering
- Information from a third-party field consultant
- Funeral expenses
A lot of accidents have eyewitnesses, from first responders to bystanders. Information from these parties can reveal crucial information about liability, the accident’s details, and other facts.
Surveillance Footage (if Available)
Dashcam footage from car accidents and surveillance footage from slips and falls can serve as vital evidence in wrongful death cases.
Text, call records, and voicemails can all prove fault. For example, if a distracted driver caused your loved one’s fatal accident, we could use their phone records to prove that they drove while distracted.
These can prove especially important in medical malpractice cases. These records can illustrate what surgery was performed, what prescriptions were given, and perhaps most importantly, the active doctor or nurse of the deceased patient.
An Investigation Could Reveal Fault And Liability For Your Losses
When you work with a lawyer, they have many case-related obligations. One of their tasks involves learning who caused your loved one’s passing and who is financially responsible. Fault and liability could rest with:
- A business owner. Suppose your loved one slipped and suffered fatal injuries while visiting a store. All business owners must keep their premises safe for invited guests. They’re also liable for the actions or inactions of their employees through vicarious liability.
- Manufacturers. All product manufacturers must ensure that the items they sell and produce are safe for general use.Faulty products can range from recalled vehicles to contaminated food.
- Medical professionals. All healthcare providers must do everything possible to render their field’s accepted standard of care. Anything that falls short of this standard could constitute negligence.
- A government agency. A government agency could have responsibility for your loved one’s passing. For instance, a municipality could bear liability if a pothole or poor roadway condition led to your loved one’s fatal collision.
Why Partner With A Wrongful Death Lawyer On Your Case?
You’re in a vulnerable position after losing a loved one. You shouldn’t have to manage a single case-related obligation at a time like this. Instead, you deserve the time and space to grieve and heal. For that reason alone, you should consider entrusting your case to a wrongful death lawyer.
They can prove negligence, identify the cause of your loved one’s passing, and manage your other case-related obligations. Many wrongful death lawyers also work on contingency. So, as the claimant, you wouldn’t have to pay anything upfront to get legal help.
They Can Handle Your Case’s Deadlines
Florida Statutes § 95.11 notes that you generally have two years to file your wrongful death lawsuit. This period begins from the date of your loved one’s passing. A lawyer can manage your case’s deadline and uphold your right to compensation. They can also explain whether any exceptions toll or extend your deadline.
Call The Law Offices Of Anidjar & Levine For A Free Case Review
Since 2006, the Law Offices of Anidjar & Levine has advocated for grieving families throughout Florida. Whether you lost a parent, spouse, or child, our hearts go out to you. We want to do everything possible to alleviate any undue stress.
Today, you can explore your options during a free, no-obligation case review. During our conversation, we encourage you to ask about our case results, years of experience, and client-centered care.
We Can Help.