In Florida, the Wrongful Death Act permits surviving dependents and family members to file a claim for damages in the event of an intentional or accidental loss of a family member’s life. The claim is meant to provide compensation for pain and suffering as well as financial support from the loss of an income earner along with funeral expenses and other damages.
To seek compensation in a wrongful death claim, four (4) elements of negligence must be present. These elements are:
- The party at fault owed a “duty of care” to the victim – “Duty of care” is the at-fault party’s legal duty to act reasonably to prevent your loved one from being in an accident which could cause. Injury. A relevant example would be an automobile driver’s “duty of care” is to drive safely, obeying all traffic laws, signs, and signals. “Duty of care” is determined by a judge or jury when compared to how a reasonable person would act under similar circumstances.
- The party at fault breached the “duty of care” – The breach exists when the at-fault or responsible party defies “duty of care.” Continuing the motor vehicle example, drivers breach their “duty of care” when they fail to obey traffic laws, signs, or signals.
- The actions of the at fault party were directly responsible for or the cause of the death of the victim – You must prove that a breach of “duty of care” caused and led to the death of your family member. The accident report, medical records, and other documentation of the incident provide evidence regarding how your family member died and can connect his or her death with aforesaid breach of “duty of care.”
- Damages resulted from the action of the at fault party– It must be proven by evidence that your family member’s death caused damages to you or your family. Damages can include funeral costs, medical expenses, loss of earnings, pain, and suffering, and/or emotional trauma.
Each of these elements must be shown by enough evidence to prove the negligence and that the deliberate actions of the responsible party caused the death of your family member.
Some of the more common accidents or incidents that result in wrongful death include, but are not limited to automobile accident, commercial truck accidents, accidents involving pedestrians, motorcycles, bicycles, defective productive, workplace accidents, as well as instances of medical negligence or malpractice.
When you are mourning the loss of a family member due to a wrongful death incident, promptly call the attorneys at CASERTA & SPIRITI for a free consultation regarding your potential case, since the statute of limitations or deadline for filing a wrongful death lawsuit in the courts of Florida is within two years of the date of death for most cases.