Wrongful death refers to situations that lead to loss of lives due to negligence. With several accidents in Florida, most deaths are avoidable; hence affected families should be compensated. Yet, it can become difficult to receive the full amount. Such instances occur when you fail to provide adequate evidence to support your claim. It is also essential to hire an experienced and qualified wrongful death attorney to guide you in the recompensing process.
Elements of Negligence
When filing for a wrongful death claim, four elements of negligence apply to facilitate compensation. These elements provide proof of the matter impending, including the reward you are likely to receive. Notably, ensure each element offers adequate evidence of the involved party’s negligence and deliberate actions leading to the wrongful death of your loved one. Such elements include;
- Party At-Fault Had “Duty of Care”: The judge or the jury will determine if the party at-fault acted unreasonably to cause the death. Primarily, it tries to answer if the party involved could avoid the accident that led to the loss of life. “Duty of care” means the responsibilities of the party at-fault to avoid causing the accident.
- Breach Of “Duty of Care”: If the party at-fault violates “duty of care,” that led to the victim’s death. This involves instances such as disobeying traffic rules and lack of protective equipment.
- Party At-Fault Is Directly Responsible for The Death: As the affected individual, you must prove that the part at-fault breached the “duty of care” and caused the accident. Any document ranging from medical to accident report should provide evidence of the breach leading to a loved one’s death.
- Damages Caused by The Party At-Fault: Provide adequate proof of what impact the death of the loved one has caused you and your family. Some of these damages include loss of earnings, funeral costs and emotional trauma.
Types of Wrongful Death Claims
- Car Accidents
With several vehicles on roads today, most car accidents are reported, with thousands of people losing lives annually in Florida. When a car accident happens due to negligence, such as speeding and driving under the influence, the affected family can file a wrongful death claim.
- Motorcycle, Bicycle, and Pedestrian Accidents
As pedestrians, bicycles, and motorcycle riders have less protection than vehicles; they are likely to be killed in case of an accident. Again, if the accident occurs due to negligence, your wrongful attorney can help you determine the cause and file a compensation claim.
- Workplace Accidents
Dangerous jobs are possible causes of wrongful death if safety precautions aren’t introduced. Most employee deaths can emerge from falls, electrocution, faulty machines. Loved ones can readily gather adequate evidence regarding the death. If it resulted from negligence, your attorney could help you get compensation.
- Flawed Products
Toxic foods, defective electric appliances, substandard baby toys are among the faulty products resulting in wrongful deaths. If any of the products lead to the death of your loved one, you can quickly file for a wrongful death claim and get compensation.
Grieving the death of your loved one can become stressful but filing for a wrongful death claim is vital. However, it is essential to hire the right wrongful death attorney to help you with the claim, as it may become confusing.
THE ONE YOU WANT – The Law Offices Of Chad Nolan Horowitz, P.A is the law firm for the best wrongful death attorney in Boynton Beach. Getting you the compensation you rightfully deserve.