What Makes a Wrongful Death Case Successful?

Losing someone you love is devastating enough on its own. But when that loss was caused by someone else’s negligence or wrongdoing, the grief is compounded by a painful sense of injustice. Florida law gives surviving family members a path to seek accountability and compensation through a wrongful death claim. But what actually makes one of these cases succeed? Understanding the key ingredients can help you know whether your family has a strong claim.

The Legal Foundation: What Florida Law Requires

Under Florida Statute § 768.19, a wrongful death claim can be brought when a person’s death was caused by the wrongful act, negligence, default, or breach of contract or warranty of another party. Importantly, the law requires that the deceased would have had the right to bring a personal injury lawsuit had they survived. In other words, if the victim couldn’t have sued while alive, there’s generally no wrongful death claim either.

Only the personal representative of the deceased’s estate can file the lawsuit, not individual family members acting on their own. That representative files a single claim on behalf of all eligible survivors, which can include a surviving spouse, children, and in some cases, parents or other dependents.

Building the Core of a Strong Case

So what separates a successful wrongful death case from one that struggles? Several factors tend to make a meaningful difference:

• Clear evidence of negligence or wrongdoing. The stronger and more direct the evidence linking the defendant’s conduct to your loved one’s death, the better positioned your case will be. This might include accident reports, medical records, eyewitness testimony, surveillance footage, or expert analysis.
• Documented damages. Courts and juries need to understand the full scope of the loss. Medical expenses, funeral costs, lost future income, and the loss of companionship and guidance are all compensable, but they need to be supported by evidence.
• Timely action. Florida has a statute of limitations for wrongful death claims, which means waiting too long can permanently bar your right to sue. Acting promptly preserves your legal options and allows for a more thorough investigation while evidence is still fresh.
• An identifiable and financially responsible defendant. Even a rock-solid case becomes difficult to pursue if the at-fault party has no insurance and no assets to satisfy a judgment.
• A clear causal link. It’s not enough to show that someone acted negligently; you also have to demonstrate that the negligence was actually what caused the death. Defendants often try to argue that other factors contributed, so establishing direct causation is critical.

Common Situations That Give Rise to These Claims

Wrongful death claims can arise from a wide range of circumstances. Car and truck accidents are among the most common, but these cases also frequently stem from medical malpractice, workplace accidents, defective products, and premises liability situations where a property owner failed to maintain safe conditions. In each scenario, the same basic framework applies: someone had a legal duty of care, they breached that duty, and a person died as a result.

Talk to Our Attorneys About Your Case

If you’ve lost a family member and believe someone else was at fault, you don’t have to figure this out alone. The experienced Kissimmee and Orlando wrongful death attorneys at Salazar & Kelly Law Group, P.A. understand how emotionally and legally complex these cases can be. We are here to evaluate your situation, explain your options, and fight for the justice your family deserves. Contact us today to schedule a confidential consultation at our Kissimmee office.

Source:

flsenate.gov/laws/statutes/2023/768.19