The passing on of a loved one can be devastating, especially if it has been occasioned by someone else’s reckless, negligence, or careless acts. When you have lost a loved one as a result of another party’s fault, it is comforting to know that you can seek damages under the Florida wrongful death statute. However, you have to start by providing essential evidence to prove your case in court.
Here is what you need to do when presenting your wrongful death case in court.
You must prove duty of due care
To prove that the deceased’s death resulted from the other party’s reckless or negligent acts, you will have to prove to the court that the defendant owed the victim a duty of due care. For instance, a driver owes the public a duty of care to operate their vehicle in a responsible and prudent manner. Thus, a driver can be sued for wrongful death if they drove recklessly (for example, getting behind the wheel while intoxicated) and caused someone’s death.
You must prove breach of duty
After proving the duty of care, the court will require you to show that the accused breached that duty. For instance, you may prove to the court that the accused operated their vehicle while intoxicated resulting in the accident that caused the victim’s death.
You must prove the cause of death
After proving that the defendant breached their duty, you will need to establish that the victim’s death was a direct result of their reckless or negligent action. To establish this, you will need to provide both circumstantial as well as direct evidence.
You will need to prove damages
You need to show that you have suffered real and quantifiable harm as a result of your loved one’s death. This will require you to provide sufficient evidence of the nature and extent of damages incurred, such as their financial or operational support to the household.
Losing a loved one due to wrongful death can cause severe pain, hardship, and suffering. If your loved one died as a result of another party’s actions, find out more about your legal options.