A Personal Approach
To Injury Law

Img Attrs
  1. Home
  2.  » 
  3. Wrongful Death
  4.  » Proving wrongful death to a big company like Disney

Proving wrongful death to a big company like Disney

On Behalf of | Feb 4, 2022 | Wrongful Death |

Wrongful death claims against major corporations can be some of the most difficult legal challenges in Florida or any state. Wrongful death claims often involve a lot of technicalities, and personal contribution to the death can be a factor. Additionally, there must be evidence of “gross” negligence on the part of the respondent as merely failing to provide a reasonable duty of care is not sufficient in and of itself in a wrongful death claim. There must be evidence of willful action on the part of the defendant for the death to actually be “wrongful” in a legal sense.

Willful intent

Proving wrongful death depends largely on the material facts surrounding the death. There must be some form of willful activity by the defendant that exhibits gross negligence. In some cases, this can include willful deception toward the plaintiff. This can actually be central to many cases against major corporations; deception alone can tilt the scale in a civil matter because these cases are decided on a preponderance of the evidence like an injury case. Reasonable doubt is not the proof burden.

Settling out of court

More often than not, major corporations want to settle a wrongful death claim out of court. This allows them to not admit fault, which means they can continue their particular mode of operation, and they can also offer a reasonable settlement in hopes that the case can be ended with minimal financial damage and no public disclosure of their neglectful actions.

It is still vital to have solid evidence against the defendant regardless because money is power in the legal system, just like any other industry. All major corporations have that advantage over a single individual plaintiff of modest means. Possessing solid evidence can convince a corporation to settle for a reasonable sum instead of risking a trial.

FindLaw Network