Proving Fault in a Wrongful Death Claim
The death of a loved one due to the negligence of another can be devastating, and no amount of money can alleviate pain. However, family members can get some financial relief by filing a wrongful death case.
When someone dies due to the negligence of another person, the victim’s family members can file a wrongful death case to seek compensation from the guilty party. However, proving negligence to seek damages can seem like grasping straws unless you get help from an experienced wrongful death lawyer.
Wrongful Death Case: An Overview
A wrongful death case can be filed to seek monetary compensation from a guilty party for the death of someone cause due to negligence or willful intent. The civil suit is difficult to prove unless you get the help of a qualified wrongful death attorney.
Wrongful death cases are filed by the surviving family members of the victim. In Florida, a wrongful death case is filed to seek compensation from the guilty party for the losses suffered by the victim’s family members. The compensation amount not only covers expenses incurred by the relatives of the victims, but it also penalizes the wrongdoer for the crime.
Proving Fault in a Wrongful Death Case
Proving fault in a wrongful death case involves gathering evidence that incriminates the party being sued, or the defendant, in the wrongful death of another. This requires establishing the following elements in the court.
1. Duty of Care
The duty of care must be established foremost to prove fault in a wrongful death case. The plaintiff must convince the court that the defendant had the duty of care towards the deceased person. For example, in case of a construction work accident, the plaintiff must show that the defendant was obliged to prevent workplace hazard.
2. Breach of Duty of Care
Once a duty of care has been established, the plaintiff must then prove that the defendant was guilty of breach of the duty of care. Using the example cited above, the plaintiff might present evidence that the defendant failed to carry on the necessary repair works leading to the death of a worker.
Not taking any action to keep the workplace safe represents a breach of duty. The plaintiff must show to the court that the defendant did not take any action to keep the environment safe for the workers.
3. Direct Cause
Direct causation is another important element of a successful wrongful death case. The plaintiff has to show to the court that a breach of the duty of care caused harm to the victim. In other words, the plaintiff has to show that the victim has died due to an accident caused directly due to the action – or inaction – of the guilty party.
Again, using the same example given above, the plaintiff must provide evidence that the death of a worker occurred mainly due to the negligence of the defendant. If the accident occurred due to the careless behavior of the worker, the defended will be partly or fully absolved from the blame.
Depending on the specific facts surrounding the case, establishing the causation can be complex. That’s why it’s important that you contact an experienced wrongful death attorney to represent your case.
4. Negligence and Intent to Harm
To win a wrongful death case, the plaintiff’s attorney must also prove in the court that the death of the victim was – partly or wholly – caused due to a negligent, careless, or reckless act of the defendant. Moreover, the intent to harm can also be a basis of a wrongful death case. The plaintiff must provide evidence in the court that the defendant had the intent to harm the deceased victim that resulted in his/her death.
Negligent and intent to harm are two important legal terms that you should understand regarding wrongful death cases.
Negligence in the context of wrongful death refers to the failure to perform reasonable care that resulted in the death of a person. On the other hand, intent to harm refers to willful action with the aim of injuring or killing a person.
For instance, if a driver does not stop at a red light, resulting in the death of another, the action will be considered as negligence. In contrast, if a driver deliberately runs over a person, it shows intent to harm.
5. Quantifiable Damages
Lastly, the plaintiff must have to prove that the death of a victim has resulted in quantifiable damages. Quantifiable damages include medical expenses payable, loss of financial support, hospitalization, funeral expenses, and/or burial costs.
Pain and suffering of the victim prior to death are also included in quantifiable damages. The surviving family members can seek compensation for the financial and non-financial damages due to negligent or willful actions of the defendant.
The Burden of Proof in Wrongful Death Cases
A plaintiff has the burden of proof in a wrongful death case similar to other civil cases. The plaintiff has to convince the court that the allegations made against the defendant are more than 50 percent likely to be true.
The plaintiff also has to prove through a preponderance of the evidence that the victim has more likely than not died due to negligent or intentional actions of the guilty party. This burden of proof is less strict as in the case of criminal suits where the guilt must be proven without any reasonable doubt.
However, proving guilt in a wrongful death case is a hard nut to crack.
You must get the help of professional wrongful death attorney if your spouse, child, or parent has been killed by the negligent action of another. A professional wrongful death lawyer will gather the following evidence to prove the guilt of the defendant in the court.
- Testimony of witness
- Reports of police
- Doctor’s Review
- Medical records
- Video footage and pictures of the crime scene
A professional wrongful death lawyer will explain wrongful death laws in Florida. You will know whether it’s in your best interest to negotiate a settlement with the guilty party or move the case forward with a civil suit. The professional attorney will carry on a detailed investigation in order to prove the guilt of the defendant so that you get much-needed compensation for the losses.