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When is a wrongful death claim possible in Florida?

On Behalf of Scott Marshall Injury Attorneys | June 15, 2022 | Wrongful Death

When someone dies unexpectedly, their passing can leave those who survived with a profound sense of loss and injustice. It is normal and natural for people to look for someone to blame. 

In certain scenarios, direct family members of the deceased may have the right to bring a wrongful death lawsuit against a person or business that they believe is responsible for their loved one’s death. 

But how do you know if you have grounds for a wrongful death claim in Florida? 

The other party must be to blame

A reasonable person would have to agree that the defendant in your case is ultimately to blame for your loss. If you wish to pursue compensation from a person or business because of your loved one’s death, you will need to show that a preponderance of evidence connects them to your loved one’s death. 

Specifically, you will need to show wrongful actions, negligence, defaults or a breach of contract by the other party were the underlying cause of your loved one’s death. 

You must have quantifiable losses

One of the important considerations in a wrongful death lawsuit is whether you can prove there was a financial loss as a result of the tragic death. Lost wages and lost support, among others, are common examples.

Provided that your circumstances meet these two criteria, you may be able to bring a wrongful death claim against the party responsible for your loved one’s death. However, there are many different rules that apply to wrongful death claims in Florida. Whether you lost a loved on in an auto accident, truck accident or due to a defective product, speaking with a qualified personal injury attorney in your area who can discuss the law as it applies to your situation is advised.