Proving Wrongful Death in Florida
You will generally need to prove the following elements to prove a wrongful death claim:
Duty of care
The plaintiff must show that the defendant owed the deceased a certain duty of care. A duty of care is a legal obligation imposed on an individual, requiring adherence to a standard of reasonable care while performing acts that could foreseeably harm others.
For example, a doctor would owe you a duty of care to make sure you receive appropriate medical care but would not owe you a duty of care in other areas of your life such as taking care of your finances.
Breach of duty of care
Once a duty of care has been proven, the plaintiff must prove that the defendant breached this duty of care. This is usually established by showing what the appropriate duty of care required and how the defendant’s actions fell short of this standard.
One question the courts will ask when determining if a breach of duty of care has happened is if the defendant could have foreseen the potential risks associated with doing so and failed to prevent harm from occurring. The court may also take into consideration if there were other alternative solutions available that could have prevented such harm and whether the defendant tried such a solution. Then, the court will consider whether these alternative solutions would have even been possible.
Next, the plaintiff will need to prove that the breach of duty of care directly caused the wrongful death. Causation means one event caused another to occur. You must show a direct correlation between the defendant’s actions and the plaintiff’s death.
Contact an Experienced Attorney from Our Firm
If you lost a loved one due to someone else’s negligence, you deserve justice and compensation. While a lawsuit may not be something you want to consider, contacting a wrongful death attorney can be beneficial in the long run. At Frohlich, Gordon & Beason, P.A., we believe no one should have to endure the pain of losing a loved one in this manner. Get in touch with our firm today, so we can help you seek justice for your loved one.
If you need assistance with your wrongful death claim, contact our firm online or call us at (941) 979-9010 to schedule your free consultation.