In a wrongful death action in Florida, identifying the defendants is crucial to maintaining the cause of action. Pursuant to the Wrongful Death Act enumerated by Florida Statute 768.19, a plaintiff may file suit against any individual whose conduct caused a wrongful act, negligence, default, or breach of contract or warranty. A Florida wrongful death attorney must undertake the task of investigating the facts and circumstances surrounding the decedent’s death. The wrongful death attorney’s pre-suit investigation will allow him or her to identify all potential defendants, co-defendants, third party defendants, and any other individuals, corporations, or entities that may share in the responsibility for the decedent’s death. The wrongful death attorney may name a third party defendant such as an employer or principal, if the person was vicariously liable for the defendant's wrongful act. Additionally, if a defendant dies before the pendency of the wrongful death action, the personal representative of the defendant becomes a defendant.

Identifying the appropriate defendant or defendants can also be accomplished by determining which individuals, corporations, or entities breached a legal duty of care which resulted in the decedent's death. The cause of action must allege that the defendant or defendants owed a duty to the decedent and wrongfully breached that duty. Additionally, establishing causation is essential to a wrongful death cause of action. A wrongful death attorney should prove causation by establishing that the defendant's tortious conduct was either the actual or proximate cause of the decedent's death or injury resulting in death. When the defendant's conduct directly results in the decedent's death, there is actual causation. Proximate cause occurs when a defendant's conduct results in the death of the decedent due to an uninterrupted sequence of events caused by the defendant.

No matter who caused your loved one’s death, you need an experienced Florida wrongful death attorney who is familiar with the complexities of your case to recover damages from the parties responsible. Call Sharmin & Sharmin at 1800-74-Trial.