How Do I Prove a Wrongful Death in Florida?
Proving a wrongful death in Florida requires gathering evidence to show the accused party is legally responsible for your loved one’s death through negligence or another wrongful act. The type of evidence available depends on how the victim died and the unique circumstances of the case.
When you work with a Florida wrongful death lawyer to manage your case, they will investigate what happened and gather evidence to show negligence and liability. This evidence will support settlement negotiations or form the basis of the case presented in court during litigation.
How Do I Prove Wrongful Death in Florida?
Under Florida’s Wrongful Death Act, a wrongful death occurs when one party acts carelessly, recklessly, or negligently or, as stated in Fla. Stat. § 768.19, commits “a wrongful act, negligence, default, or breach of contract or warranty of any person.”
What this means is that you must show the other party acted inappropriately to hold them legally responsible for your loved one’s death. You need evidence to document what happened and how it led to their fatal injuries. Some types of evidence commonly used in these cases include:
- Eyewitness statements or court testimony
- Video evidence
- Accident reconstruction
- Official reports
- Expert testimony
- An accident scene survey
- Accident reconstruction
- Relevant medical records
When you choose to work with an attorney to build and manage your case, they will investigate what happened and gather evidence during this process. They know what to look for and the types of evidence typically available in each kind of accident or incident. For example, truck accidents usually have certain evidence that is unavailable in a collision between two passenger cars.
What Is Negligence When Pertaining to a Florida Wrongful Death Case?
Negligence occurs when a person or entity fails to uphold their responsibilities to keep others safe. Duties of care exist in many situations:
- Drivers must follow traffic laws
- Property owners must keep their property free from preventable hazards
- Doctors must provide an acceptable level of care
When the party fails to uphold their duty of care, we call this a breach. When there is a breach of duty of care, accidents can happen. Vehicles could collide, customers could slip on a wet floor, or a child could gain access to an unsupervised pool. This accident could be the direct cause of serious, catastrophic, or fatal injuries.
When the victim dies from their accident injuries, the party who breached their duty of care can be held liable under Florida law. The victim’s family will need to document the four elements of negligence:
- Duty of care
- Breach of duty
- Causation
- Fatal injuries and financial damages
If your family is working with a Florida wrongful death lawyer, your legal team will know that evidence is necessary to confirm these four elements exist and hold the liable person or entity accountable.
Who Can File a Florida Wrongful Death Lawsuit?
Florida’s wrongful death laws limit who can file a lawsuit in these cases. Only the personal representative of the estate can file a lawsuit. They act on behalf of surviving family members and other heirs to navigate the probate process. This party is generally the executor of the will or administrator of the estate.
When a will or other type of estate plan is in place, it names the personal representative. However, wrongful death victims might die without a will. When this occurs, the courts name someone to manage these tasks.
The personal representative is often a close relative, such as a spouse or a parent. They often have a significant stake in the outcome of the case, as they are also one of the main beneficiaries of the payout. However, this is not always true. The personal representative is not always a beneficiary in these cases.
Beneficiaries of a Wrongful Death Case in Florida
The beneficiaries of a Florida wrongful death lawsuit depend on the circumstances and the surviving family members. When a victim dies with a spouse and minor children, their young family will likely receive the bulk of the payout that comes with winning their case. If they do not have a spouse or children, their parents are the most likely beneficiaries.
Other possibilities include adult children, siblings, or grandparents. Each family is unique. Those who depended on the victim for financial support and services are more likely to receive compensation from a wrongful death payout than others who did not.
How Do I Know If My Family Has a Viable Florida Wrongful Death Case?
The best way to learn if your loved one’s death might support a Florida wrongful death case is to speak to a personal injury lawyer who handles these cases regularly. Most law firms provide free consultations for families who lost a loved one in a Florida negligence accident.
In speaking with a team member, you can tell your story and learn more about your rights and legal options for getting justice. They can also help you identify who should serve as the plaintiff in the case and represent your family throughout this process.
What Is the Deadline for Filing a Florida Wrongful Death Action?
You likely only have up to two years following your loved one’s death to file a complaint in civil court and begin your wrongful death lawsuit. Per Fla. Stat. § 95.11, you could lose the right to sue following this date. Contacting a wrongful death lawyer well before this date is the best option to protect your right to sue if necessary.
Connect With Our Team for a Free Consultation Today
Meldon Law’s wrongful death team reviews cases for free. You can call our Florida wrongful death lawyers to learn more about your case and how we can help you fight for justice. Contact us today to discuss your loved one’s death and your next steps.
