The Elements of a Wrongful Death Claim

To succeed in a wrongful death case, several legal elements must be proven. These elements establish that another party’s actions led to the fatal incident.

• Duty of Care – The first step is showing that the defendant owed a duty of care to the deceased. This means the defendant had a legal responsibility to act in a reasonably safe manner.
• Breach – It must be shown that the defendant violated that duty of care. This occurs when a person or organization fails to act in a reasonably safe way.
• Causation – The claim must also demonstrate that the breach of duty directly caused the incident that led to the victim’s death.
• Damages – Finally, the surviving family members must show that they suffered measurable losses because of the death. Losses may be financial, emotional, or both.

Who Can File a Wrongful Death Claim in Florida 

Under Florida law, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. In many cases, the personal representative is:

• The surviving spouse
• A close family member
• Another individual appointed by the court

Although the representative files the lawsuit, the damages recovered are intended to benefit the surviving family members. Contact GOLDLAW today to schedule a free, no obligation consultation to discuss your case.