The 4 Elements in Every Florida Wrongful Death CaseJacksonville Accident News
Wrongful death claims are brought by families of a loved one whose life was unexpectedly taken in an accident. When you believe that another person’s negligence has contributed to the loss of your loved one, you have the right to bring one of these claims. In many cases, immediate family members bring these claims including parents, spouses, and children of the deceased victim. If you are successful, you will be able to financially recover as you are enduring this challenging grieving process.
There are four key elements that are prevalent in every wrongful death claim. As you are collecting evidence to bring in your claim, you must keep these elements in mind so that you can receive the compensation you deserve.
Elements Present in Wrongful Death Claims
Negligence: Surviving family members must be able to show that negligence led to the death of their loved one. There are many ways that you will be able to prove that a driver was acting in a careless manner at the time of the accident. Some of the most common negligent acts include aspects like distracted driving, drunk driving, speeding, and fatigue.
Breach of Duty: If a loved one wants to be successful in their case, they must be able to show that the defendant owed a duty to the deceased victim. Every driver who utilizes our roads owes a duty of care to others on the roadway. This means that they must abide by the rules of the road to keep others safe from serious harm, including fatal circumstances. You must be able to establish, with a personal injury attorney, how the defendant breached their duty of care to your loved one, causing their accident.
Causation: The plaintiff must also be able to show how the defendant’s negligent acts caused the death of the loved one.
Damages: What are damages in a personal injury case? If the case led to quantifiable damages such as medical expenses, funeral costs, and many other aspects, you will be able to bring a personal injury claim on behalf of your loved one.
An Overview of the Burden of Proof
Wrongful death claims are civil actions, which means that the burden of proof is set lower than that of a criminal case. The burden of proof is a standard that is set in a wrongful death claim to prove that the accident was actually caused by the negligent party. When all of the evidence is there, you will find that you are successful. If you feel as if you need help gathering evidence to ensure that you will be successful in your claim, you should always have an attorney on your side.
How a Wrongful Death Attorney Can Assist You
At Sheftall & Associates, our skilled wrongful death attorneys are committed to helping you through this challenging and traumatic time in your life. Losing a loved one is never an easy thing for family members to experience and they might be faced with a wide array of questions as they navigate the legal system working on their personal injury claim. If you have questions, please do not hesitate to contact a Florida wrongful death attorney for the help you deserve at (904) 575-9026.