How to Prove Negligence in a Wrongful Death Claim

How to Prove Negligence in a Wrongful Death Claim

Did you suddenly lose a loved one because of someone else’s negligence? If so, you may be able to file a wrongful death claim. This claim can help provide you with the compensation you and your entire family need to help you move forward after your hardship.

However, to prove liability when you file a wrongful death case, you have to establish the elements of negligence. Hiring an experienced wrongful death attorney is a good idea to help gather evidence for your case and to provide the help needed to prove the elements of negligence.

What Are Wrongful Death Claims?

According to Florida’s Wrongful Death Act, surviving family members and dependents of the victim are legally allowed to seek damages that are the result of an intentional or accidental loss of life of someone they love. Wrongful death claims provide compensation for the loss of financial support provided by the income earner, pain and suffering, and the cost of a funeral or other damage. What can be recovered depends on the circumstances of the case.

Understanding Negligence in a Wrongful Death Claim

There are four elements that apply to negligence. To pursue a wrongful death claim, you must prove each of these. The elements include:

  • The party at-fault had a duty of care to the accident victim
  • The party at-fault breached their duty of care
  • The party at-fault’s actions directly caused the death of the victim
  • The damages that occurred due to the action

Each of the elements above have to be established through evidence that are gathered to show the at-fault party acted deliberately or negligently and that these actions resulted in the untimely death of the accident victim.

Duty of Care

This means that the party at-fault owed a legal duty to act reasonably to prevent your love one from suffering an accident that may result in an injury. Duty of care is a factor that depends on the relationship that exists between the involved parties, along with the surrounding circumstances.

Breach of Duty of Care

A breach occurs when the party at-fault violates the duty of care mentioned above. If the proper safety protocol isn’t present, a breach of duty of care may occur.


You have to prove that the breach of duty of care resulted in harm that eventually led to the death of your family member or loved one. An attorney can review all the records related to the incident to determine the exact cause of death. This is the evidence that can effectively make the connection between the death and the breach of duty by the at-fault party.

Damages Suffered

In any negligence claim, it has to be proven that your loved one’s death resulted in serious damages for you or for your family. This includes things like pain and suffering, emotional trauma, loss of earnings, funeral costs, and medical expenses.

Contact Legal Professionals for Help

If you are in a situation where someone you love has died because of another person’s or entities wrongful act or negligence, you can contact our legal team for help. We will review your case and determine if there is enough evidence to hold the at-fault party liable. To learn more, contact us at Fetterman & Associates by calling 561-845-2510.