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How to Tell Your Family Has a Strong Wrongful Death Claim

A successful wrongful death claim can result in monetary compensation that helps your family overcome the pain and suffering they experienced because of the fatal accident. However, this will only happen if you have a solid case because the liable party will also be ready with defenses to counter your claim. 

How do you know your family has a strong Pensacola wrongful death claim? By determining whether the four primary elements of negligence are present in your claim. 

If you’ve partnered with a wrongful death attorney, you don’t have to worry about building a strong case because they’ll do it on your behalf. The lawyers at Gross & Schuster, P.A. are here to make getting compensated easier for you and your family. 

Proving Negligence in a Wrongful Death Claim

Each wrongful death case is unique. Many individual factors will play a role in the overall success of your claim. However, there are four elements of negligence that all plaintiffs must prove regardless of the circumstances.

A strong wrongful death claim has compelling evidence to show, which should cover all the following elements. 

Duty of Care

To initiate a wrongful death claim, the defendant must have owed the deceased a duty of care. This means that the former was legally bound to act with reasonable care and in a manner that doesn’t cause harm to your loved one. 

An example is a driver who owes other drivers a duty of care to drive safely and avoid causing accidents. You’re expected to act within reason to prevent fatal accidents by driving safely. 

Breached Duty of Care

Next, you must show how the liable party failed to act with reasonable care, thus breaching their duty. This is where the issue of negligence comes in.  

If a driver gets behind the wheel while under the influence or drives past the speed limit, they’re violating their duty of care.


Causation is a crucial point when building a strong wrongful death claim. Your attorney will prove that the defendant’s breach of duty caused your loved one’s death and not anything else. 

The insurance company may argue that the fatal accident wasn’t the cause of death. Still, with an attorney, it’s easy to counter such defenses. Your lawyer can gather evidence that points to the at-fault party, such as eyewitness accounts, expert witness testimony, and images of the accident site. 

Proof of Resulting Damages

The final indicator that your family has a stable claim is the presence of damages resulting from the accident. These can either be economic or non-economic.   

Economic damages include medical expenses before death, funeral expenses, and loss of financial contributions. Non-economic damages consist of the deceased’s pain and suffering as well as the survivors’ loss of love and companionship. 

Get Support from a Wrongful Death Lawyer

Building a wrongful death claim begins with gathering evidence to prove that the defendant was negligent in one way or another. Doing so without a lawyer can be overwhelming for families mourning their loved ones, not to mention the minimal knowledge of the law. 

Having a wrongful death lawyer can change everything because they know what kind of evidence to look for, where to look, and how to use it to build a solid wrongful death claim. Speak with an attorney from Gross & Schuster, P.A. by calling 850-434-3333 or filling out the contact form below.  

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Pensacola, FL 32501
Phone: 850-434-3333

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