Losing a loved one due to the negligence of others is devastating. You don’t have to suffer because another person disregards the safety of others. If a loved one is the victim of death, you may be eligible for compensation.
The law is designed to protect you from individuals and organizations whose actions or inactivity pose a threat to you and others. These people or organizations have an obligation to you to act in a way that does not put you at risk.
If a person dies or is killed due to another person’s wrongdoing or negligence, that person’s surviving family members can claim unjustified death. An unlawful death lawsuit can be brought when a victim is killed due to the other party’s wrongful acts.
Unfortunately, if a loved one has been a victim of these circumstances, it is time to speak to an unlawful death attorney. This is because it can be challenging to go through legal proceedings while one is still in grief, and insurance companies may want to take advantage of it. You can hire a good Florida wrongful death lawyer to see you through your case and speed up your claim.
How to Prove Negligence
To hold a person liable for an unlawful death, you must show evidence of negligence. In order to prove negligence, the following must be present.
- Duty of care: the defendant owed a duty of care to the deceased. A duty of care is an obligation to avoid anyone being injured or put at risk.
- Breach of duty: that the accused has breached this breach of duty. There is a breach of duty if the person does not fulfill the obligation owed. The law classifies this as negligent or negligent.
- Cause: The defendant’s breach of duty caused the death of the deceased. Unless it is shown that the death was caused directly by the defendant’s breach of duty, we have no cause.
- Damage: The plaintiff tries to remedy that death caused the damage. Damage refers to physical, emotional, property damage, and loss of income suffered by someone due to an accident.
Now that the above factors are proven, the next step is to fix the damage.
You can receive compensation for loss of property and punitive damages in an unlawful death suit. A property loss is a financial loss related to illness and funeral expenses. Compensation for damages usually includes interest starting from the date of the death of the deceased. Most courts provide that the compensation awarded for a wrongful death constitutes fair and equitable compensation for the financial loss caused by the victim’s death.
Punitive damages are granted in cases of severe or malicious misconduct to punish the perpetrator and to deter others from behaving in the same way. Categories of losses for which a survivor may be eligible for compensation include:
- The pain and suffering of the deceased before death (this is often referred to as the right to survival)
- The medical expenses incurred as a result of the pre-death injury
- Funeral expenses
- Loss of the deceased’s expected income
- Loss of any inheritance as a result of death
- Loss of love and companionship.
Who Exactly Can Claim Damage in the Event of Wrongful Death?
Wrongful death can be asserted by a representative of the deceased victim’s estate. This can be done for the people (‘survivors’) who were closely related to the victim. So who is a “survivor” according to the law? This can be the spouse or the children of the deceased. Generally, in all states, a spouse has the right to bring unlawful death suits on behalf of the deceased spouse. The parents of minors or children can also bring a wrongful death lawsuit.