How Do You Prove Wrongful Death in Florida?
If you have suffered the loss of a loved one in Florida due to the negligence of another, you may be wondering how to prove a wrongful death claim. When you bring a wrongful death claim, you also have the burden of proving the claim. Let’s look at the factors you must prove to satisfy that burden in court.
Burden of Proof
A wrongful death claim must be filed by the deceased’s personal representative on behalf of the deceased’s estate. The party filing the claim will need to prove to the court beyond a reasonable doubt that the defendant is responsible for the loss of your loved one. There are four main factors that must be proven to receive compensation in a Florida wrongful death claim.
Duty of Reasonable Care
When out in public, we all owe a duty of reasonable care to those around us. We are all responsible for taking care not to cause damage or injury to others. This means not acting carelessly or recklessly.
Breach of Duty of Care
A breach of duty of care occurs when a person acts recklessly or carelessly. You must prove that the defendant neglected to take reasonable care to ensure the safety of those around them.
Cause of Death
The death must have been directly caused by the careless or negligent acts of the defendant. If your loved one was injured and died due to complications, you must show that the death would not have happened if not for the defendant’s negligence.
Damages Suffered
Since your loved one died, you will need to prove that you and your family suffered damages due to the death. Damages that can be compensated include medical and funeral costs and loss of support and companionship.
Contacting a Florida Wrongful Death Lawyer
If your loved one died due to another’s negligence, do not risk losing the compensation you and your family may be entitled to receive. Call Casas Law today for a free consultation. We want to be your West Palm Beach wrongful death lawyer.
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