Family members experience a lot of frustration when they lose a loved one in a tragic and fatal accident, especially when the accident is caused by someone else’s negligence. Though it is not possible to quantify the loss one has experienced or replace what was loss, a wrongful death case might be one way to both get closure and accountability.
After someone else’s negligence has resulted in another person’s death, the surviving family member’s can pursue a case for the wrongful death. Florida residents may not be aware that many wrongful death lawsuits take place after a criminal trial, even though they operate independently. Additionally, the standard of proof is lower in a civil trial-a balance of probabilities compared to beyond a reasonable doubt in criminal trials.
In order to succeed in one’s wrongful death case, there are certain elements that must be proven. This includes the death of an individual, the cause of the death being someone else’s negligence or the intent to cause harm, a resulting monetary injury being suffered by the surviving family members and the appointment of a personal representative by the victim’s estate.
A number of damages can be recovered through a wrongful death lawsuit, including the loss of support, of services and even the prospect of a lost inheritance. Additionally, medical and funeral expenses can also be recovered. While many family members may not want to think about a lawsuit after losing a loved one, the reality is that it can be financially devastating as well as emotionally, consulting an experienced attorney for guidance on how to proceed might be helpful for Florida residents.
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