A wrongful death claim is a legal action brought by the surviving family members or beneficiaries of a person who has died as a result of someone else’s negligence, recklessness, or intentional act in the state of Florida. This claim seeks compensation for the damages caused by the death of their loved one.
To better understand the elements of a Florida wrongful death claim, let’s discuss the key components involved
Duty of Care: The first element in a wrongful death claim is establishing that the defendant (the party being sued) owed a duty of care to the deceased person. This duty is often based on the relationship between the
parties or the circumstances surrounding the incident that led to the death.
Breach of Duty: The second element involves demonstrating that the defendant breached their duty of care. This means showing that the defendant’s actions or omissions fell short of the standard of care expected in the given situation, resulting in the death of the victim.
Causation: The third element is proving that the defendant’s breach of duty was the direct cause of the victim’s death. This requires establishing a clear link between the defendant’s actions and the fatal injuries or conditions suffered by the deceased person.
Death of the Victim: As the core of a wrongful death claim, it is necessary to prove that the death occurred. This proof may involve medical records, autopsy reports, or other relevant evidence that supports the fact of the victim’s death.
Surviving Family Members or Beneficiaries: In Florida, only certain individuals are eligible to file a wrongful death claim. These typically include the spouse, children, parents, or other blood relatives or adoptive siblings who were financially dependent on the deceased person.
Damages: The final element involves demonstrating the damages or losses suffered by the surviving family members or beneficiaries as a result of the victim’s death. This may include economic damages (e.g., medical expenses, funeral costs, lost income) as well as non-economic damages (e.g., pain and suffering, loss of companionship, emotional distress).
It’s important to note that wrongful death claims in Florida are subject to specific statutes and legal procedures. Consulting with an experienced personal injury attorney in Florida would be advisable to navigate the complexities of such a claim and ensure that your rights are protected.
How Serrano Law Can Help You with Wrongful Death Claims in Florida
At Serrano Law, we are deeply sorry for the loss you have experienced. We understand that the wrongful death of a loved one can be devastating, and we are here to offer you our sincere condolences and unwavering support during this difficult time.
Our firm is dedicated to providing compassionate and experienced legal representation to individuals and families who have suffered the tragic loss of a loved one due to someone else’s negligence or intentional actions.
Personalized Guidance: We recognize that every wrongful death case is unique, and we take the time to listen to your story, understand your needs, and address your concerns. Our compassionate attorneys will guide you through the legal process, ensuring that you understand your rights, available options, and potential outcomes.
Thorough Investigation: We will conduct a comprehensive investigation into the circumstances surrounding your loved one’s death. Our skilled team will gather evidence, consult with professionals, and analyze every detail to establish liability and build a strong case on your behalf.
Strong Legal Strategy: With our extensive experience in wrongful death cases, we will develop a customized legal strategy tailored to the specific facts of your case. Our attorneys will leverage their knowledge and proficiency to seek maximum compensation for your losses, including medical expenses, funeral costs, loss of income, and the emotional pain and suffering endured.
Effective Negotiation: Our attorneys are skilled negotiators who will work tirelessly to reach a fair settlement with the responsible parties or their insurance companies. We will advocate for your rights and strive to secure a settlement that adequately reflects the full extent of your damages.
Trial Advocacy: If a fair settlement cannot be achieved through negotiation, our trial-ready attorneys are prepared to represent you in court. We will diligently prepare your case, present compelling evidence, and passionately argue on your behalf to pursue the justice and compensation you deserve.
Compassionate Support: We understand the emotional toll that a wrongful death can have on a family. Our firm is committed to providing compassionate support throughout the legal process. We will be available to address your questions and concerns, offering guidance, empathy, and understanding at every step of the way.
At Serrano Law, we are dedicated to fighting for justice on behalf of those who have lost loved ones due to wrongful death. We will be your trusted advocates, working tirelessly to ensure that your rights are protected and that you receive the compensation and closure you deserve. Please reach out to our firm for a confidential consultation.