How Fault Factors Into Wrongful Death Cases
This involves demonstrating that the defendant had a legal duty toward the deceased and that the duty was breached. Subsequently, the breach in question directly caused the death. Understanding these steps is crucial for families looking to take legal action.
Establishing Duty and Breach
The first step in a wrongful death claim is to demonstrate that the person or entity that you are suing owed a legal duty to the deceased. This means the defendant was required to act with a certain level of care to prevent harm. The nature of this duty depends on the relationship and context. For example, drivers are bound to follow traffic laws. Florida law requires evidence that the deceased had a right to be protected by the defendant’s duty of care. An example would be if a property owner failed to take care of hazards that could injure someone. If that duty was breached because the owner ignored a known risk, that breach could form the basis of a wrongful death claim if an accident occurred.
Once duty is established, your attorney's job is to show how the defendant breached their duty. A breach of duty centers around a defendant who did not meet the standard of care under the circumstances. This failure could include actions like reckless driving, medical errors, or neglecting safety regulations. In wrongful death cases, the breach must be directly related to the harm that led to the death. Evidence of this breach could come from eyewitness statements, accident reports, or other records showing the defendant’s disregard for the deceased’s safety.
Proving Causation and Damages
Once duty and breach are established, the plaintiff must show that the breach was the cause of the deceased’s death. This element, known as causation, is essential to wrongful death cases and involves demonstrating that the death would not have occurred without the defendant’s actions or inaction. For example, in a fatal car accident case, the plaintiff would need to show that the defendant’s speeding or reckless driving directly caused the collision that led to the death. Causation must be proven with clear evidence, and if other factors contributed to the accident, the plaintiff must show that the defendant’s breach was a significant factor in causing the death.
Damages are the next focus in a wrongful death claim, as they represent the financial and emotional losses experienced by surviving family members. Under Florida law, family members such as spouses, children, and parents can pursue compensation. They can be compensated for medical bills, funeral costs, lost income, and emotional suffering. Loss of companionship, guidance, and financial support are also common types of damages that families can seek. These damages are calculated based on the economic impact of the death and the non-economic losses to family members. The court reviews the evidence to determine fair compensation.
The Law Offices of William C. Robinson Will Pursue Wrongful Death Claims
Losing a loved one is painful, and working through a wrongful death lawsuit is another challenge. If you’ve lost a family member because of another person’s negligence, you may want to seek legal guidance to understand your rights. Schedule a consultation today to learn more about your options for pursuing a wrongful death claim.
