If one of your loved ones is killed in any type of accident in Boca Raton, you could have a claim for wrongful death. What is wrongful death? Wrongful death is largely any death that was caused by the negligent, careless, or intentional act of someone else.
The majority of wrongful death actions have resulted from flawed products, automotive accidents, dangerous drugs, etc. Most of the acts involved carelessness or negligence. This means that the wrongful death lawyer representing you will have to prove that the defendant caused the death of your loved one, and that the death occurred by the person’ negligent acts.
When you are facing the realization of the loss of a loved one and you are trying to cope, it can be comforting to know that you may be able to recover damages under the wrongful death statute. The intention of this law is to provide compensation to the loved ones of the victims for what they have suffered because they are considered indirect victims of the accident.
How Can One Prove Negligence In Boca Raton?
In order for a lawyer to prove that the defendant should be held liable for the death of your loved one, the following will need to be proven:
- Your loved one was owed a duty of care from the defendant
- The duty of care was broken
- Your loved one death as a result of the broken duty of care
A victim’s family can be awarded compensation for lost wages, medical expenses, mental anguish, etc. In order to prove liability, the victim’s family will have to prove the death was caused by the defendant’s wrongful actions. As a result, a lawsuit can be filed if the victim could have filed a lawsuit if he or she has survived the accident.
There are many examples of negligence when we talk about wrongful death claims, but the most common examples are as follows:
- Automotive crashes
- Medical malpractice
- Accidents on properties that were found to be dangerous
- Negligent security
- Harmful and unsafe products
Establishing The Proper Elements
As one would quickly suspect, there can be many challenges in establishing all the elements because the victim is not alive to share his/her story. The victim’s medical records can be used to showcase any injuries that were caused, and the cause of death. If the victim was employed at the time of the accident, past pay stubs can showcase the lost wages.
However, what can be used to determine how and why the accident occurred? Wrongful death lawyers will depend on a heavy list of evidence to show that the defendant was at fault, such as the following:
- Images and video footage of the accident scene
- Eyewitness accounts
- Medical records
- Police reports
Like many claims, one will have a limited amount of time to complete a wrongful death lawsuit. The statute of limitations for a wrongful death in Florida is 2 years from the date of death. This time limit is very strict, and unforgiving. So, it is very important to comply with the statute of limitations and all the exceptions that come with it.
Since a wrongful death suit can be increasingly complex and has deadlines that need to be met, families are encouraged to consult with an experienced wrongful death lawyer as soon as possible. If you have recently lost a loved one due to a tragic event at the hands of someone else’s negligence, we are here to discuss your legal matter.
If you want to set up a consultation, please do not hesitate to contact us by requesting a free case review online or by calling us at (561) 338-5297.