You prove a wrongful death in Florida by completing a four-step argument. You must show that the defendant owed your loved one a duty of care and breached that obligation, causing a fatal injury or illness that resulted in damages.
Proving negligence is critical to establishing a wrongful act that caused your loved one’s death. Your wrongful death lawyer will show how the defendant acted unreasonably and that your loved one’s passing resulted from the defendant’s negligence.
The Four-Step Sequence for Proving a Wrongful Death in Florida
Many of our clients question what constitutes a wrongful death. Thus, we explain that a loved one’s passing is a wrongful death when we can prove these four things.
The Liable Party Had a Duty of Care to Your Loved One
A duty of care is the responsibility to act in a reasonable manner. For example, a medical professional has a duty of care to avoid harming the patient, while a motorist must pay attention to the road and remain sober and alert.
The Liable Party Breached Their Duty of Care
Lawyers determine how a defendant breached their duty of care on a case-by-case basis. Per the previous examples, medical professionals might breach their duty of care by failing to diagnose a medical condition or committing a surgical error. Furthermore, motorists may breach their obligation to others on the road by speeding or driving while intoxicated.
Their Breach Caused Your Loved One’s Fatal Injury or Illness
Your attorney from our team will compile evidence that proves how the at-fault party’s breach of their duty of care caused an injury or illness that eventually claimed your loved one’s life. We often work with medical professionals to establish this causal connection.
Damages Resulted From the Liable Party’s Breach
When your loved one passes away, surviving family members undeniably suffer damages—some financial, but others more difficult to quantify, such as emotional pain and suffering. However, we will illustrate every harm your family has suffered because of the defendant’s negligent (and deadly) actions.
Our attorneys mold this general framework to fit each specific case. We will gather all relevant information about the circumstances of your loved one’s passing and show your loved one’s passing was preventable.
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This Sequence for Proving a Wrongful Death Applies to Many Types of Cases
We handle wrongful death cases arising from various circumstances, including the following:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Boating accidents
- Slip and fall accidents
- Animal attacks
- Physical assaults
- Workplace injuries
- Dangerous products
- Elder abuse or neglect
- Medical malpractice
- Amusement park accidents
- Waterpark accidents
Since we began representing clients in 1979, we have handled wrongful death cases involving many different circumstances. Thus, our team is prepared to lead your fight for justice, whatever the tragic events that led to your loved one’s passing.
What Evidence Does an Attorney Use to Prove a Wrongful Death in Florida?
We cannot simply argue your loved one’s wrongful death resulted from a defendant’s negligence—we must prove it. Therefore, our team will compile evidence to prove the link between a defendant’s negligence and your loved one’s passing, including the following:
- Eyewitness testimony
- Expert testimony
- Video footage
- Photographs of the scene of a fatal accident
- A digital or physical reconstruction of a fatal accident
- Environmental testing (e.g., in cases involving toxic exposure)
We will not know what evidence is available until we investigate the circumstances of your family member’s wrongful death. As we build the case, we respect the privacy and well-being of those we represent, who deserve to work through their grief in peace.
What Damages Will a Lawyer Seek in a Wrongful Death Case?
You hire a wrongful death lawyer to obtain a monetary recovery that:
- Serves as justice for the loss of your loved one.
- Covers the economic and noneconomic harm of losing a loved one.
We have one opportunity to secure a financial recovery. Thus, we make great efforts to ensure our target settlement (or judgment) will cover all your damages. Recoverable damages we include in a demand letter include the following:
- Funeral expenses: The National Funeral Directors Association determined that the average cost of a funeral with burial in 2021 in the South Atlantic region (including Florida) is $7,800.
- Lost financial support: Was your family member the sole breadwinner? Then, you deserve compensation to replace income, household contributions, employer-provided benefits, and other lost financial support caused by the wrongful death.
- Pain and suffering: We will consider any pain and suffering your loved one may have endured before they passed away. We will also account for your grief, depression, and other emotional trauma you’ve experienced.
- Loss of consortium: Losing a loved one may cost surviving loved ones a spouse, parent, or child. We will determine the noneconomic harm that comes from the passing of a beloved family member.
Our firm intends to get justice for the immense harm your loved one’s passing has caused.
Should I Hire an Attorney After Losing a Loved One in Central Florida?
You must decide if hiring a lawyer is necessary for your circumstances. Then, consider these factors when choosing a wrongful death attorney:
- You are overcome with grief over your loved one’s death.
- You believe a lawyer is best positioned to obtain the financial recovery you seek.
- You want to benefit from a lawyer’s experience and legal training.
- You need the law firm to cover the cost of your case.
Our team takes wrongful death cases on contingency, meaning you have no upfront costs and only pay a fee if you recover compensation. So, we’re here to lead every step of your case, freeing you to be with your loved ones and work through your loss without additional stress.
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Call Bogin, Munns & Munns Today for a Free Consultation About a Wrongful Death in Florida
Our firm is ready to help you right now, so don’t wait to contact us. We may face a filing deadline for your case under Florida law and need to obtain evidence for your case to meet this deadline.
Call Bogin, Munns & Munns today for a free consultation about retaining a wrongful death lawyer.
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