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What are the elements of a successful wrongful death claim?

To bereaved family members, the death of a loved one always feels wrong. In legal terms, wrongful death means that a person died due to negligent or reckless acts by another party. A wrongful death lawsuit provides the bereaved with a way to bring negligent parties to justice for causing the death of your loved one.

If you have recently lost someone you love, and you believe negligence was a factor, you may wish to pursue such a claim. However, it is in your best interests to talk with an injury attorney beforehand. This provides you with authoritative insight into Florida's wrongful death laws while helping you determine if you meet the requirements for such a claim.

To achieve success in your efforts, your case must contain the following four elements:

  • A human being has died
  • The death occurred because of the negligence of another person or because this other person meant to cause harm
  • You and/or your family has suffered financial harm because of the death of your loved one
  • Your deceased family member's estate has a personal representative

A wrongful death can occur in many situations. For example, when a family member dies in a motor vehicle accident caused by a drunk driver, it is a wrongful death. Medical malpractice by an impaired physician is also a good example of a death that occurred wrongfully.

Seeking compensation for the negligent death of a family member is your right. While most people do not care about financial compensation in the aftermath of great loss, you should still consider filing a claim. This will give you the means to continue caring for your family without fear of financial ruin.

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Wieland & DeLattre
226 Hillcrest St.
P.O. Box 944
Orlando, FL 32802

Phone: 407-841-7699
Phone: 321-639-4777
Fax: 407-841-2084
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