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What Is a Wrongful Death Claim?

A wrongful death claim can be filed when someone dies as a result of the negligence or misconduct of another person. The legal statute that determines what constitutes wrongful death varies slightly by state, so having a Florida wrongful death attorney is important to ensure that you are getting the most from your claim in the state of Florida.

Understanding Wrongful Death Laws in Florida

Do I have a Florida Wrongful Death Claim? Auto accidents , defective products , medical malpractice , and other acts of negligence can be grounds for a wrongful death claim. (Death resulting from a workplace-related accident is also eligible for workers’ compensation, regardless of negligent action). Unfortunately, many people do not know when a love one’s death was caused by a negligent act because the evidence can be difficult to detect.


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Our Recent Settlements

 

$35,000,000

A Broward County jury awarded Denise and David Brown $35 million in a case against North Broward Hospital District, doing business at Broward General Hospital.

$15,000,000

A Broward County jury awarded Denise and David Brown $35 million in a case against North Broward Hospital District, doing business at Broward General Hospital.

$11,250,000

A Broward County jury awarded Denise and David Brown $35 million in a case against North Broward Hospital District, doing business at Broward General Hospital.

Evidence Must Prove


  • Duty: The person held liable had a responsibility of “due care” to the victim.
  • Breach of Duty: The breach or failure of the defendant to uphold that duty of “due care.”
  • Causation: Prove that the breach of duty is the direct cause of the victim’s death.
  • Damages: Prove the victim actually suffered damages (in wrongful death cases, “death” would be the primary damage caused, but there may be others).

Who can recover for wrongful death? Only immediate family members can file a wrongful death claim, and amassing this evidence in the wake of a tragedy can be difficult and even traumatic. We’re here to help you work through this challenging time. If you have any concerns or suspicions that your loved one’s death might have been caused by negligent or reckless actions of another, please contact one of our Florida wrongful death attorneys for further consultation and assistance.


Evidence you must prove in a wrongful death case:

  • Duty
  • Breach of Duty
  • Causation
  • Damages

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