Filing a wrongful death claim may be your only legal recourse if someone in your family dies because of negligent action or inaction on the part of another entity. The incident may not warrant a criminal proceeding, and if it does, it is different from the civil action you take. You need a legal practitioner from a wrongful death law firm for this.
What is the objective of this law? The primary objective is to compensate the survivors for the damages they suffer because of the decease of the individual. No monetary compensation can balance the loss; however, it can make things easier for the survivors when it comes to paying the medical and funeral costs.
When does a wrongful death action become necessary? If an individual dies and the proximate cause of the death is the negligence or fault of another entity, the survivors may file a suit as per the Florida laws.
What does your lawyer need to establish? The proximate cause of death and the exact circumstances dictate what evidence and witness testimonials are necessary. If it is a car accident related death, your lawyer needs to present police records, medical reports, witness accounts, and so on.
Professionals working at the
Fort Lauderdale wrongful death law firm are capable of presenting the evidence, examining, and cross-examining witnesses to establish that the defendants negligence/fault was the proximate cause of death.
The standard to achieve in this is by a preponderance of evidence. This is a lower burden of proof than that in criminal cases. In these cases, your lawyer needs to present evidence to establish that it is more likely than not that the defendants actions/inactions were the cause of the death of the individual.
Is a trial always necessary in a wrongful death claim? No. In reality, most of these actions reach a resolution during the pre-trial motions using negotiations. However, there is no guarantee that your case would not go to trial.
Usually, a jury decides on these cases. There is no necessity for the jury to come to a unanimous decision, a majority would help your prevail in the case.
It is a better idea to get a law firm that specializes in both negotiation during the pre-trial stage and litigate if trial ensues. Find a firm that has qualified, certified and experienced legal practitioners in this field. Remember, just a lawyer would not suffice for this case; you need one that works in this domain to ascertain proper handling of the lawsuit.
