Proving Negligence in a Wrongful Death Claim

August 11, 2022

If you have lost a loved one suddenly due to negligence by another, you might be able to file a wrongful-death claim. This can provide eligible family members with the financial compensation you need and allow your family to continue their lives without financial hardship.

To prove negligence in a wrongful-death claim, however, you need to establish the four elements of negligence. An attorney can assist you in gathering evidence and providing the necessary assistance to prove each element. To get help proving that negligence caused your loved one's death, contact the Beharry Law Firm. We will be there to help you through this difficult time.

What is a wrongful death claim?

Florida's Wrongful Death Act gives survivors and their dependents the right to claim damages for the intentional or accidental loss of life. You can file a wrongful death claim to receive compensation for pain and suffering and financial loss.

Negligence in a Wrongful death Claim

To pursue this type case, you must have the following elements of negligence These elements are:

  • The victim owed the at-fault party a duty to care
  • The party at fault breached their duty of care
  • Directly, the victim died because of the actions of the at-fault party
  • This action can cause you to suffer damages

These elements must all be proven by gathering enough evidence to show that someone else's negligence or intentional actions led to the death of your loved ones. These elements will be discussed further below.

Duty of Care

Your loved one has a legal obligation from the at-fault party to prevent them from getting into an accident that could inflict injury.

The relationship between the parties as well as the surrounding circumstances will determine the duty of care. Drivers, for example, have a duty of care to drive safely and comply with all traffic signals and signs.

Breach of duty of care

If the at-fault party breaches the duty of care, it is a breach. A breach of the duty of care could occur if the at-fault party fails to implement proper safety protocols. Driving on the roads can be a breach of the duty by failing to pay attention or following traffic rules. When determining if there has been a breach of duty, the judge or jury will consider what a reasonable person would do in similar circumstances.


It is necessary to prove that your loved one was killed by a breach of the duty of care. To determine the cause of death, a wrongful-death lawyer will review your loved one's accident report, medical records, and any other documentation. This evidence may be used to link the death with the breach of duty by the at-fault party.

Damages Suffered

It must be proved that your loved one's death caused you or your family measurable damage. These damages can include funeral costs, medical expenses, lost earnings, pain and suffering, or emotional trauma.

Contacting A Miami-Dade Wrongful Death Attorney Today!

If you unfortunately lost a loved one as a result of the someone's else breach of duty to care, then contact Beharry Law to help you prove the negligence of the responsible party and get your family the compensation you deserve for your losses.  We are here for you.  We look forward to serving you.

If you recently lost a loved one in a wrongful death, contact our wrongful death lawyer for a FREE consultation . . . .

Michael D. Beharry, Esq.

An experienced personal injury attorney in the Miami area, who is committed to helping injured accident victims with cases involving car accidents, truck accidents, motorcycle accidents, rideshare accidents, wrongful death, slip and falls, as well as brain and spinal cord injuries.

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