Helen Saulnier 
Losing a loved one is a devastating experience, and when that loss occurs due to the negligent or intentional actions of another party, the grief can be compounded by feelings of anger and frustration.
In such situations, families of the deceased may be able to pursue a wrongful death claim to hold the responsible party accountable and seek compensation for their damages.
If you’re in Daytona Beach and considering filing a wrongful death claim, it’s essential to understand the legal process involved and the burden of proof required to succeed. Here you can learn what elements are needed to prove a wrongful death claim and provide practical tips for building a strong case.
Whether you’re a grieving family member or a legal representative, this guide will equip you with the knowledge and tools necessary to seek justice and closure. You should also hire a Daytona Beach wrongful death lawyer who can further explain your rights and options.
Wrongful Death Defined
In Florida, wrongful death is a civil lawsuit that can be brought by the family members of a person who died due to the wrongful act, negligence, or breach of contract of another person or entity. The purpose of a wrongful death claim is to seek compensation for the damages that the surviving family members have suffered due to their loved one’s death.
Under Florida law, the surviving family members who may bring a wrongful death claim include the deceased person’s spouse, children, parents, and, in some instances, other relatives dependent on the deceased person for financial support or services.
The damages that may be awarded in a wrongful death claim include compensation for medical expenses, funeral expenses, lost wages, and benefits, loss of companionship and support, and pain and suffering.
To succeed in a wrongful death claim in Florida, the plaintiff must show the actions or inactions of the plaintiff were the proximate cause of their loved one’s death. This requires demonstrating that the defendant’s actions directly caused or contributed to the death and that the death would not have occurred but for those actions.
How Do You Prove Wrongful Death in Florida?
To prove wrongful death in Florida, you must establish the following elements:
- Duty of Care: You must show that the defendant owed a duty of care to the deceased person. For example, a doctor has a duty of care to provide a reasonable standard of care to their patients.
- Breach of Duty: You must show that the defendant breached their duty of care. For example, a doctor may have breached their duty of care by misdiagnosing or failing to diagnose a condition.
- Causation: You must show that the defendant’s breach of duty caused the deceased person’s death. This requires demonstrating that the defendant’s actions directly caused or contributed to the death and that the death would not have occurred but for those actions.
- Damages: You must show that the surviving family members have suffered damages due to the deceased person’s death. Damages can include medical expenses, funeral expenses, lost wages, and benefits, loss of companionship and support, and pain and suffering.
To prove these elements, you must gather evidence, such as medical records, witness statements, expert testimony, and other documentation supporting your claim.
Who Is Entitled to Wrongful Death Benefits in Daytona Beach?
Under Florida law, the surviving family members of a deceased person are entitled to wrongful death benefits. The specific family members eligible to receive benefits may vary depending on the circumstances of the case but typically include the deceased person’s spouse, children, parents, and, in some cases, other relatives dependent on the deceased person for support or services.
In Florida, the damages that can be awarded in a wrongful death claim may include compensation for medical expenses, funeral expenses, lost wages, and benefits, loss of companionship and support, and pain and suffering. The court will consider factors such as the deceased person’s age, health, earning capacity, and the impact of their death on the surviving family members when determining the damages to be awarded.
It’s important to note that Florida law has specific time limitations, or statutes of limitations, for filing a wrongful death claim. In most cases, a claim must be filed within two years of the deceased person’s death date. Working with an experienced wrongful death attorney can help ensure that you meet all the legal requirements and receive the maximum compensation you deserve
Survival Actions vs. Wrongful Death Benefits
In Florida, two types of legal actions may arise from the death of a loved one: survivor actions and wrongful death claims. While they may overlap to some extent, they serve different purposes and provide different types of compensation.
A survivor action is a legal claim that the deceased person’s estate may bring on behalf of the deceased person’s estate. A survivor action seeks compensation for damages that the deceased person suffered due to their injury or illness before their death. This can include medical expenses, lost wages, and pain and suffering.
Wrongful death benefits, on the other hand, are designed to compensate the surviving family members for the losses they have suffered due to their loved one’s death. This can include medical and funeral expenses, loss of companionship and support, and loss of future earnings.
While survivor actions and wrongful death claims are separate legal actions, they can often be brought together in the same lawsuit.
Hire a Daytona Beach Wrongful Death Lawyer for Help with a Wrongful Death Lawsuit
Proving a wrongful death claim is a complex process that requires a thorough understanding of the legal system and the evidence needed to support your case. If you’re considering pursuing a wrongful death claim in Daytona Beach, it’s important to work with an experienced attorney who can guide you through the process and help you build a strong case.
By establishing the elements of negligence (mentioned above), you can show the defendant’s wrongful actions resulted in the death of your loved one and seek compensation for your losses. Whether you choose to pursue a survivor action, a wrongful death claim, or both, a skilled attorney can help you navigate the legal process and ensure that you receive the maximum compensation you deserve.
While it is impossible to replace a loved one who dies because of someone else’s neglgiece, seeking justice through a wrongful death claim can provide a sense of closure and help prevent similar tragedies from happening to others. Using the information in this guide, you can take the first steps toward holding the responsible parties accountable and seeking justice for your loved one.
