When a loved one dies suddenly, surviving family members often have numerous questions. Fatal motor vehicle accidents can raise many questions, and it could take some time to find the answers. When those answers do come, one of them could be that the death of their loved one was due to the negligence of another, and pursuing a wrongful death claim in a Florida civil court might be appropriate.
If a claim is filed, more questions may emerge. For example, did the party or parties believed to be responsible for the death owe a duty to the deceased individual? In a car accident, this question is often more easily answered since every driver has a duty to obey traffic laws and drive safely. When that duty is breached, accidents can happen.
Once a duty is established, it is necessary to prove that the allegedly responsible party or parties somehow acted recklessly, negligently or carelessly. Thereafter, surviving family members must establish that the other party's behavior caused or contributed to the death of their loved one. If a Florida court determines that the negligence of the defendant or defendants led to the accident, and subsequently the death of the victim, it will then consider an award of damages.
Going through this process can be a challenge for grieving families. It would be advantageous to enlist the guidance of someone who is familiar with these cases. Many motor vehicle accidents are not as simple as one party being solely responsible and the other being a victim. Wrongful death claims require strategy, investigation and research in order to have a chance at success. Attempting to get through the process alone would be stressful, and could also jeopardize the receipt of restitution for the financial burdens placed on a family when one of its members dies unexpectedly.
Source: bsfdea.com, "The 4 Elements Of A Wrongful Death Lawsuit", Accessed on Dec. 11, 2016