How to Build a Wrongful Death Case

How to Build a Wrongful Death Case

Facing the death of a loved one is not easy. In addition to dealing with sadness and grief over the loss, you must also adjust to the changes resulting from the absence of your loved one. This can be difficult if the person has had a significant financial contribution to the family unit.


If your loved one’s death was due to negligence, you can make a wrongful death claim, which would help you not only with funeral expenses but also ease the weight of the burden the deceased brought.


Building these cases is complex, and a wrongful death attorney is necessary. In this blog, I will explain the generic aspects of creating this claim in Orlando.


What Is A Wrongful Death?


The first thing you need to know is the concept of wrongful death. This will help you determine whether your case fits the parameters and whether you can make the relevant claim.


Wrongful death is a civil action taken when a person or entity causes injury or harm to the victim that results in the victim’s death. These injuries are caused by negligence, professional malpractice, or intentional wrongful acts toward the victim by an entity or person.


Family members of the victim seeking justice can make a wrongful death claim to the person or entity that caused the family member’s death, and they will need a wrongful death attorney to build and prove their case.


Wrongful death lawsuits present many similarities with personal injury lawsuits. Both seek compensation for damages to the affected party. Still, in the case of wrongful death, it is more delicate because it involves the death of a loved one, and They may include compensation for funeral and burial expenses as well as compensation for the deceased person’s loss of future monetary income.


What Does it Take to Build a Wrongful Death Case?


The first thing to know is that not everyone can make a wrongful death claim. The claimant must be a direct blood relative, spouse, or personal representative of the deceased’s estate.


The most essential thing to do when filing a lawsuit is to have the support of an experienced Orlando Wrongful Death Attorney to support you and help you navigate the legal system. You must also collect evidence, testimonies, footage, and medical and police reports to build the case. The lawyer will be able to assist you with the investigation. It is crucial to prove that the death was due to negligence as well as that the result involves emotional or financial harm to the affected party.


The statute of limitations is of utmost importance. The claim must be filed within the stipulated time, which in the state of Florida is two years from the date of death.


What Do I Need to Prove to Establish a Wrongful Death Case?


To win the case, the wrongful death attorney must prove that the five elements of negligence were met, which are:


1. Duty


The defendant must have owed a duty of care to the plaintiff. This means that the person, institution or entity must have exercised a minimum degree of caution necessary to maintain people’s security.


The wrongful death attorney must be knowledgeable about the safety laws and statutes that must be followed to avoid damage and possible accidents. These can range from industrial safety laws to traffic laws.


2. Breach


It must be proven that the defendant breached the duty of care, consciously or unconsciously, by engaging in behaviour below the standards required for the activity carried out.


For example, the driver who falls asleep at the wheel, the one who drives drunk, or the doctor who prescribes the wrong drug or wrong dose. The wrongful death attorney must be able to prove that the defendant breached or is breaching that duty to have a strong case.


3. Direct Cause


Failure to comply with said duty of care must be the direct cause of the damage. This is important since if there is proof that the defendant, despite negligent behaviour, was not the direct cause of the damage, the case does not proceed.


The wrongful death attorney must establish a correlation between the harmful action done by the defendant and the fatal injury suffered by the victim.


4. Proximate Cause


The wrongful death attorney must be able to establish a link between the act of negligence and the harm suffered by that act. This implies that it must be shown that the defendant must have foreseen that the action he took would cause damage.


For example, the doctor who prescribes a drug to a person without asking if he or she is allergic to a specific ingredient or reviewing the person’s history failed to foresee the adverse effects that said drug could have on that person.


5. Damage


The damage caused by the negligent act has been the direct cause of the victim’s death. The wrongful death attorney should be able to prove this without a doubt by resorting to testimony, evidence, and reports.


Burden Of Proof


A death by diligence lawsuit is a civil action. This means that, unlike in a criminal case, the burden of proof is lower; it will not be taken into account as much as in a criminal procedure, where there must be no reasonable doubt for a person to be declared guilty.


To do this, the wrongful death lawyer must analyze claims, testimonies, and background information and thus establish a strategy to build a solid case and reach an agreement that is satisfactory to the affected parties.




A wrongful death claim can be a complicated process. Dealing with a civil lawsuit on top of having to deal with the death of a loved one makes the process an uphill battle. That is why it is essential to have a professional who can put your case together best and establish the best strategy. In addition to their expertise, it is necessary to have empathy so that they can help you in the best way.


At Louis Berk Law, you have the best wrongful death lawyers in Orlando, Spanish-speaking professionals who will treat your case with respect and professionalism to guarantee the best compensation. Don’t hesitate to contact us. We offer a free consultation, and our doors will be open.

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