Wrongful Death

To prevail in a wrongful death claim, a bereaved family must prove four elements with the assistance of a wrongful death lawyer in Naples, FL:

• The defendant owed the decedent a duty of care;
• This duty was breached with careless or reckless conduct;
• The defendant’s breach caused the victim’s death; and
• The family incurred quantifiable damages as a consequence.

In most cases, a defendant will be expected to exercise the same level of care that a reasonably prudent person would have used in a similar situation. The law sometimes calls for a higher duty of care, depending on the relationship between the decedent and the defendant. The existence of a patient-doctor or passenger-carrier relationship, for example, may require the defendant to exercise a different level of care. Any conduct that falls short of the appropriate standard of care in a given context likely will be considered a breach of the duty. For example, a negligent driver may violate it by driving drunk or by failing to check his or her blind spot before changing lanes. It is also necessary to prove that the defendant’s unreasonable actions led to the death of the victim and inflicted losses on his or her family that can be compensated. Damages may be recovered through either settlement negotiations or a jury verdict. Forms of compensation available in wrongful death lawsuits are different from those typically awarded in ordinary personal injury claims. Since the action belongs to the decedent’s heirs, the damages provide reimbursement for the financial harm that the survivors have suffered as a result of losing their loved one. If the decedent was the family’s breadwinner, for instance, the lawsuit will likely seek lost wages that the victim would have provided for relatives had he or she not suffered an untimely death. The family may also seek damages for the lost services provided by the decedent. This often includes loss of parenting services for minor children and loss of consortium for surviving spouses.