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Establishing Liability in Florida Wrongful Death Claims: Key Considerations

In this article, you can discover:
  • How liability is determined, involving negligence and contribution to death.
  • The possibility of valid claims even when the victim shared partial fault.
  • Variations in damages distribution based on individual case circumstances.
How Is Liability Determined In A Florida Wrongful Death Claim?

Liability in Florida wrongful death claims is determined similarly to other personal injury cases. Plaintiffs carry the onus of establishing, by the greater weight of the evidence, that the alleged at-fault party acted negligently or was indeed at fault. This fault must have significantly contributed to or caused the decedent’s death.

If The Victim Was Partially At Fault, Can A Wrongful Death Action Still Be Filed In Florida?

Absolutely. Even if evidence suggests that the victim bore some responsibility for the incident leading to their death, loved ones retain the right to file a wrongful death action in Florida.

How Are The Proceeds From A Wrongful Death Lawsuit Distributed In Florida?

Distribution of proceeds from a wrongful death lawsuit in Florida isn’t consistent across the board. It varies and is contingent upon the specifics of each individual case.

Is There A Maximum Limit To Damages Claimed In A Florida Wrongful Death Case?

In Florida, there isn’t a set cap or limit imposed on the damages that can be claimed in wrongful death cases.

Can Orlando, Florida Wrongful Death Claims Award Punitive Damages?

While possible, punitive damages are uncommon in wrongful death claims in Orlando, Florida. Such damages are reserved for cases that demonstrate gross negligence or willful misconduct. A prevalent example involves a repeat-offender drunk driver causing harm.

Are Medical Expenses A Standard Part Of A Wrongful Death Award In Florida?

In Florida, medical expenses, termed economic damages, typically constitute a segment of wrongful death settlements and verdicts.

For more information on Establishing Liability In A Wrongful Death Claim, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 915-5447 today.

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