In Florida, families who lose their loved ones tragically may need legal assistance. The circumstances of the fatality could warrant the opportunity for a lawsuit. A local attorney could provide these families with help with a Wrongful Death Lawsuit Davie FL today.
Proving How the Circumstances Were Avoidable
The first step of a wrongful death lawsuit is to pinpoint the exact cause of the fatality. The steps taken by the responsible party are reviewed in reverse. This assessment determines if an alternative action or choice could have eliminated the fatality. Forensic testing could help the attorney show where negligence played a role in the death of their loved one. These testing strategies could also present them with a list of alternative choices. This presentation shows that the outcome could have been prevented.
When a Crime was Committed
A criminal infraction could define guilt and accountability in a civil case. The outcome of the criminal case could present a higher probability of an award in the civil case. A conviction defines guilt and negligence. The criminal act was avoidable in most cases. The defense case must provide evidence that shows extenuating circumstances that could indicate no other alternative to avoid a monetary award in the civil case. For example, self-defense could indicate a clear reason for the defendant’s actions.
Circumstances When Punitive Damages Apply
Punitive damages are often awarded when the case pertains to a medical malpractice. These damages are a form of punishment for the medical doctor. They are awarded when the civil case is proven.
How the Award is Calculated
The award is calculated according to the total losses of the family. The financial support lost by minor children is calculated first. This is based on the lifetime earnings of the victim. Additional calculations are considered for pain and suffering.
In Florida, families have the legal right to fight against tragic losses. A wrongful death is defined by avoidable circumstances. This could include a variety of factors including criminal acts and negligence. Families who need to file a Wrongful Death Lawsuit Davie FL should contact Law Offices of McCullough & Leboff P.A. for more information today.