Wrongful Death Lawsuit
LexInter | August 30, 2022 | 0 Comments

Wrongful Death Lawsuit; How Hard Is It To Prove A Wrongful Death?

What qualifies as wrongful death in Florida? Every state has laws defining what constitutes a wrongful death in America. According to Florida laws, any death caused by negligence, breach of duty or intentionally falls under wrongful death. In all such cases, you can file a lawsuit for compensation.

Most people do not know about the actions to be taken after a wrongful death and directly visit a court to ask for justice. However, this isn’t the legal way; unfortunately, you will come empty-handed. Hence, you must speak to an attorney and learn more about wrongful death lawsuits to file a strong case against the opposite party.

Are you eligible to file a wrongful death lawsuit?

Biggest wrongful death payout

If you decide to file a wrongful death lawsuit against the defendant’s party, you must prove his negligence with the burden of proof. The burden of proof is a legal standard and consists of the following 4 elements-

  1. The negligent behavior of the defendant resulted in the wrongful death.
  2. The defendant was involved in a breach of duty. For example, cargo loaders have a duty to load the truck within limits without overloading. If the wrongful death occurred due to the overloading of the truck, it could be proved that the cargo loader breached duty.
  3.  The plaintiff in the lawsuit needs to prove the causation, that is, how the breach of duty caused death.
  4. The plaintiff needs to prove the damages suffered by the plaintiff.

In Florida, the burden of proof establishes which party was at fault.

Is there a time limit to file a case for wrongful death?

In the United States, there is a timeline in which you can file any lawsuit. This timeline is governed by a law known as the statute of limitations. In Florida, this period is 2 years from the date of death of the injured. You lose all the rights to legal representation in case of a failure to file a claim within the deadline. The only exception to this rule is when an intentional murder caused the death.

Who can file a wrongful death lawsuit?

Wrongful death

In a wrongful death lawsuit in Florida, the potential damages are awarded by the court to any of the 2 beneficiaries – a family member of the deceased or an estate. The family members include- the spouse, survivors of the accident, minor children or parents of the deceased. Florida law also requires a personal representative of the deceased’s estate to file a claim.

What are the common causes of wrongful death?

Wrongful Deaths can be a result of different situations, including-

  • Automobile Accidents
  • Medical Malpractices, Accidental Poisoning or Overdoses
  • Murder
  • Aviation Accidents
  • Accidents at Workplace
  • Pedestrian and Bicycle Accidents

Most Wrongful Deaths are a result of severe automobile crashes.

What damages are awarded for a wrongful death?

Eligible For A Wrongful Death Claim

The compensation can be asked for the following damages-

  • Medical Bills
  • Cost of Cremation
  • Loss of the future earnings of the deceased and any benefits he was entitled to.
  • The loss of companionship as a spouse, parents, child, etc.
  • Burial Costs
  • Physical pain and suffering before the death of the victim
  • End-of-life services
  • Emotional pain caused to the family

How is the payout to a wrongful death lawsuit made?

After you settle for a compensation amount in a wrongful death lawsuit, you will have to pay an agreed-up fee to the lawyers from the settlement amount they receive from you. The remaining amount is paid to the family members directly. Remember, this amount is tax-free, and you do not have to pay any income or estate taxes.

After the death of your loved one, filing a wrongful death lawsuit can seem a complicated process. Having a lawyer at your side is beneficial since they ensure that the proof of burden is met and you receive a higher compensation amount.

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