Losing a loved one is never an easy thing to experience. But losing a loved one may be even more traumatic if the death is unexpected and would not have occurred but for the irresponsible actions of another party. If this is the case, you may be able to file a wrongful death action against the responsible party and recover compensation for your losses. At the Benenati Law Firm, our compassionate Clermont wrongful death lawyers can help you to understand your rights and assist you in navigating wrongful death laws in our state.

When Can I File a Wrongful Death Claim?

wrongful death action is permitted under Florida statute when the wrongful act, neglect, or default of one person leads to the death of another. In order to recover compensation in a wrongful death claim, a plaintiff must prove that:

  • The defendant owed the deceased a duty of care;
  • The duty of care was breached;
  • The breach of the duty of care was the proximate cause of the decedent’s death; and
  • Damages resulted.