Articles Tagged with wrongful death

While accidents might have been knocked down a notch by COVID in the last two years, unintentional injuries are still the fourth leading cause of death in the US. The US Centers for Disease Control and Prevention (CDC) reports that more than 200,000 people are killed every year in preventable accidents, with falls and motor vehicle collisions topping the list. For surviving loved ones whose lives are forever changed, the grief and devastation can be overwhelming. In time, the victim’s family will also sustain significant financial losses from the void left behind. 

Fortunately, Florida personal injury laws provide legal remedies after someone dies from unintentional injuries. There are two in particular that may apply if you recently lost a loved one — a wrongful death lawsuit OR a survival action. Though these options stem from the same fatal incident, they are different. A Miami wrongful death lawyer can explain the details, and you might find an overview to be informative.

Different Actions From the Same Fatal Incident

Motor vehicle collisions, defective products, slip and falls, and many other accidents are a leading cause of injuries in the US, but you might be shocked to learn how often these incidents are fatal. The US Centers for Disease Control and Prevention (CDC) reports that almost 214,000 individuals are killed because of unintentional incidents, making accidents the #3 cause of death nationwide. Fortunately, Florida wrongful death laws provide surviving family members with options, so you might qualify to recover compensation for your extensive losses. However, proof is an essential component of any personal injury case. It can be tough to come by when the primary witness died because of someone else’s negligence. In such a claim, you must show that the victim died as a direct result of the at-fault party’s misconduct, along with other legal requirements. Your Miami wrongful death lawyer will take the lead in gathering information, but it is helpful to know the evidence needed to prove such a case. 

Proof of Key Elements

The initial element you must establish in a negligence-based case is that the responsible party owed a duty to your loved one. Proof is relatively straightforward, since everyone is legally obligated to act with reasonable care and avoid creating a risk of harm to others. With respect to other elements, note the following details on evidence: