Personal Injury Blog

Florida Wrongful Death Claim

In a wrongful death lawsuit, the plaintiff makes a claim against a person who can be held liable for a death.  A wrongful death claim is considered a civil action and is usually filed by close relatives to the person who was killed. 

The standard of proof in a wrongful death lawsuit in Florida is usually preponderance of the evidence instead of beyond a reasonable doubt.  That is why it is easier for families to pursue retribution against someone responsible for their loved one’s death in a wrongful death suit than it is through criminal prosecution.  However, if someone is found guilty of causing a person’s death, the family can still pursue a civil lawsuit in a wrongful death action.  For example, O.J. Simpson was acquitted in the death of Nicole Simpson and Ron Goldman, but in 1997 a judgment against Simpson for their wrongful deaths was awarded in civil court by a jury.

A wrongful death can be caused by a car accident, doctor negligence, hospital error, nursing home abuse or even a defective product.  If you have lost a loved one and you are not sure if you have a wrongful death claim, you should contact a Florida wrongful death lawyer who can review your case.  The lawyers and staff at Lilly, O'Toole, & Brown LLP, have significant experience handling wrongful death actions and can help you.  Call (863) 683-1111 today.