Filing a Wrongful Death Case in Florida
Michael Babboni
Wrongful Death
A wrongful death lawsuit can happen when a person dies because of the misconduct or negligence of another person. The family members or the survivors of the victim may sue in a wrongful death claim. For someone to be found guilty in this kind of lawsuit, the plaintiff has the burden of proof.Key Elements of a Wrongful Death Case
There are four main elements in any wrongful death claim. The plaintiff is responsible for proving these four elements.
Negligence
The plaintiff must prove that the cause of death was partly or wholly caused by the defendant's negligence, carelessness, or reckless actions.
Breach of Duty
Another element that must be proven in this type of lawsuit is the breach of duty. This means that the plaintiff must prove the defendant owed a duty to the victim. If a motorist fails to follow road laws and signs, resulting in the accident, they fail to provide their duty of care.
Causation
The plaintiff will also need to prove how the negligence caused the death of their loved one. It must be proven that the death would not have happened if the defendant hadn't breached or violated their duty of care.
Damages
Quantifiable damages will also be generated in this type of lawsuit. These damages include hospitalization, medical expenses, burial costs, funeral costs, loss of income, loss of potential future earnings, loss of protection and inheritance, and pain and suffering before death.
What Are the Common Causes of Wrongful Death?
Each lawsuit is different as there are many common causes for wrongful death. Each case will require that you follow through with all four elements as described above.
The more common causes of wrongful death include birth injuries, occupational hazards, occupational exposure, defective products, premises accidents, abuse and neglect at an assisted living facility, and criminal actions like stabbings and shootings.
The Burden of Proof
To successfully prove a wrongful death case, you must present the right kind of evidence backing up your claims. The defendant will need to be found guilty beyond a reasonable doubt. The burden of proof falls on your shoulders.
It is in your best interest to discuss your case with an experienced personal injury attorney first. They can help you strategize and come up with the best plan to follow. They can also help investigate the claims, collect evidence, meet with witnesses, and make sure each step of the process is followed through completely.
When it goes to trial, they will be there for mediations and settlements. If no agreement is met, your personal injury attorney will go to trial and fight on your behalf.
Wrongful Death Settlements
Once the case is settled, the plaintiff may receive a check from the at-fault party's insurance company. The funds are paid directly to the plaintiff rather than given to the estate of the deceased.
Upon receiving the settlement money, you will not have to pay out income, estate, or inheritance taxes on the settlement amount.
Filing a Wrongful Death Suit
Who can actually file the wrongful death suit will typically depend on state laws. In Florida, the decedent's personal representative or the individual named in the decedent's will can bring the case to probate court. If there is no will, then a personal representative will be named by the court.
Wrongful death claims can prove to be quite complicated. For this reason, you want to have the experience and knowledge of an attorney on your side to help you.