Losing a loved one is extremely difficult. The loss could be even more painful and confusing if it were avoidable. However, in some instances, Florida allows family members of deceased persons the right to file a wrongful death lawsuit. Those family members may be entitled to a monetary settlement.
What is Wrongful Death?
A wrongful death case is where someone dies due to another person’s negligence, a careless act, or a breach of contract. In the event of wrongful death, the deceased person’s family or a personal representative can file a lawsuit against the party responsible for the death.
How to Prove a Wrongful Death Case
In Florida, the party suing must prove three things for a lawsuit to be viable. Those three items are:
1. Prove that the defendant had a “duty of care” to the deceased person, meaning they had an obligation to act responsibly (for example, following laws or rules).
2. Prove that the defendant breached their “duty of care” by breaking the rules or acting irresponsibly or carelessly.
3. Prove that the breach of “duty of care” resulted in the deceased person’s death.
Steps to Follow in a Miami Wrongful Death Case
The steps to follow after someone you love has died in a wrongful death situation include:
• Contact a trusted attorney to hear your case. Many, like Neufeld Law Firm, offer free consultations where you can get honest feedback about your case.
• Your attorney will investigate the details of your case and provide you with a plan to proceed legally against the person who caused the death. In some cases, that will be an individual, but in others, it may be multiple defendants, including a company or organization responsible.
• Work with your attorney to provide information and follow all instructions for the most favorable outcome.