Losing a loved one is never easy, but it can be especially devastating if the death was entirely preventable. Should this be the case regarding a recent loss in your family, you may have grounds for legal action.
While filing a wrongful death claim against those who are ultimately to blame won’t undo what happened, it could yield the funds needed to cover the cost of the funeral, the income your family has lost, and other associated damages. The easiest way to determine whether you have grounds for a wrongful death claim is by consulting a seasoned attorney.
A knowledgeable lawyer can evaluate the circumstances surrounding the death to determine if taking action might be worthwhile. Assuming your case involves negligence, there’s a good chance you’ll be able to seek compensation if you can prove the following four elements:
1. A Duty of Care
The party that’s to blame for your loved one’s death must have owed him or her a duty of care. This obligation might have been implied, as it is between motorists and those in traffic around them, or it might have been formally established, as it is between doctors and their patients.
2. A Breach of Duty
The opposing party must have breached the duty that they owed the deceased by failing to act with reasonable care. Getting behind the wheel while drunk or drowsy would constitute such a breach, as would deviating from the most widely accepted standard of care while performing a surgical procedure.
Regardless of the specifics, you’ll have to present sufficient evidence that a breach did, in fact, occur. Naturally, the strongest evidence will depend on the circumstances. You can be sure, however, that a resourceful attorney will apply the legal pressure needed to gather all the proof that’s available.
The liable party’s negligence must have been directly responsible for the victim’s death. While proving causation can sometimes be straightforward, there are lots of scenarios in which the defendant will have reason to challenge it. If the deceased had any preexisting conditions, for example, it may be hard to prove that the accident was solely to blame for his or her death.
Your family must have incurred actual damages as a result of the loss. In Florida, eligible beneficiaries who have survived the deceased may seek compensation for:
- Medical bills;
- Funeral and burial expenses;
- Lost income and benefits;
- Loss of support and services;
- Loss of companionship and protection; and
- Loss of parental guidance and instruction.
Call (954) 880-9500 to Discuss Your Case with a Wrongful Death Attorney
At Lubell Rosen, we understand just how devastating losing a loved one can be. If you think you might have grounds for a wrongful death claim, we’ll help you determine the most strategic way to proceed.
By letting us handle the logistics of your claim, you can focus on taking care of your family. Call (954) 880-9500 or fill out our Contact Form to schedule a free consultation with a wrongful death lawyer.