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The Basic Elements And Relevancy Of A Wrongful Death Case


The Basic Elements And Relevancy Of A Wrongful Death CaseThe definition of a wrongful death is found in the published Florida statutes, Sections 768.16 through 768.26.  These sections are more commonly referred to as the “Florida Wrongful Death Act.” As a survivor of the decedent, you have the right under Florida state law, to file a lawsuit against any individual whose breach of contract, default, negligence, or wrongful act resulted in that person’s death.

Therefore, the definition of wrongful death actions includes any act that is intentional in nature such as shooting someone in the head or taking a hammer to their skull to cause bodily harm or death.  The definition also includes a breach of contract or warranty such as a defective product or acts of negligence such as accidentally striking someone in the head.  As you can easily see, a wrongful death claim and lawsuit can be extremely complex and the need for experienced legal representation is quite significant.

3 Basic Elements Of A Wrongful Death Claim

When you hire the services of a wrongful death lawyer during this emotional and stressful period, you are taking the first step towards seeking justice and honoring the wishes of the deceased.  When your attorney files the action, he or she must first establish that your claim the definition according to the Florida state statutes.  In order to do this, the following 3 elements must be established.  Otherwise, there is chance that your case will be dismissed:

1) Conduct amounting to a breach of contract or warranty, default, negligence, or a wrongful act

2) It must be shown that this conduct caused the decedent’s death

3) Had the person not died from the other person’s actions, they would have been able to recover damages by filing suit against the other individual

How Is The Wrongful Death Definition Relevant In Your Specific Case?

Although the 3 elements above are easy enough to read, their interpretation is far from simple.  For years, there have been dozens of judicial interpretations, all of which have been attributed to a variety of facts presented in numerous wrongful death claims and lawsuits.  Unless you are an experienced attorney yourself, it is difficult to comprehend the number of arguments that a defense attorney in a wrongful death case can and does make in the hopes of a dismissal occurring based on a lack of all three of those elements listed above.

In the initial claim, your wrongful death lawyer must allege that these elements were present and led to the person’s death.  At this point in time, your attorney will have to establish all of the supporting facts that prove the existence of those elements.  If these two steps are not done, or they are done incorrectly or improperly, the judge may dismiss your case before it ever goes to trial whether it is further into the case or at the initial outset of it.

Common Types Of Wrongful Death Cases

There are numerous wrongful death claims that are filed every year ranging from airplane or aviation accidents to theme park accidents.  However, the most common types of cases that go to trial involve accidents in the work place, defective products (product liability), premises liabilities, and traffic accidents.  In some instances where a corporation or other individual could be liable, the accident that led to the person’s death may have been unavoidable.  In these types of circumstances, no one can be blamed for a wrongful death.

The bottom line? If you have lost a loved one and you feel that it was due to a company’s or individuals actions instead of natural causes, your best option is to consult with an experienced attorney to see if you may have a case for wrongful death. Contact us to learn more about what we can do for you.

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

The Basic Elements And Relevancy Of A Wrongful Death Case

Goldman Babboni Fernandez
Murphy & Walsh




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