How to File Wrongful Death Claims - Our Legal Guide

How to File Wrongful Death Claims – Our Legal Guide

Among the different experiences of life that anyone can go through, the death of a loved one is something that is unparalleled when it comes to impact, stress, and grief. If you are currently experiencing the death of a loved one, you are no stranger to the fact that the resulting experience is significantly difficult no matter how you look at the situation. Although losing a loved one is undeniably painful, having such an event happen because of the negligence of another person can be more devastating. Read on to learn our recommended process of how to file a wrongful death claim.

Regardless if it was because the person was inebriated, in a panicked state, or simply unaware of what was happening around them, a death caused by ignorance or carelessness is one that can be difficult to bear. Considering that nothing can bring back your loved one, you may feel like nothing can make up for the pain you are feeling. Although there is very little that can be done to provide relief in a time like this, the most feasible solution is to contact an attorney to discuss your options, including a possible wrongful death claim. 

What are wrongful death claims?

Wrongful death claims are a type of civil claim made against someone who has caused the death of another person.

Who is involved in the process?

In the wrongful death claim process, the people involved are:

  • The plaintiff: This is anyone from the family of the deceased that wish to seek financial compensation. Ideally, this person would also be an executor of the estate of the deceased or an authorized personal representative.
  • The defendant: The negligent person that is responsible for the death of the loved one.

The different factors that must be proved

In any wrongful death claim, there are a few key factors that are important to consider. Once you enlist the help of a wrongful death attorney—such as Harris Guidi Rosner P.A.—you will need to work on providing the following:

  • Duty of care: This pertains to the fact that the defendant was in a position where they should have acted in a responsible manner when caring for or dealing with the deceased. Contrary to popular belief, this factor will apply to every situation, whether it is a negligent driver that failed to take extra care or a doctor that committed malpractice.
  • Breach of duty of care: This is when the defendant fails to provide the duty of care owed to the plaintiff.
  • Causation: This pertains to the act of proving that the breach of the duty of care was related or is recognized as the cause of the passing of the deceased. 


While there is nothing that can truly make up for the experience of losing a loved one because of the carelessness of someone else, seeking financial compensation in court may help with healing. Thankfully, keeping this guide in mind will allow you to take the appropriate action and help you and your family seek justice on behalf of your loved one!

A wrongful death claim in Florida can be quite complicated. Thankfully, the team of talented legal practitioners at Harris Guidi Rosner P.A. is available to assist you in your time of need.  Contact us today to schedule a free consultation. 

Harris Guidi Rosner

Harris Guidi Rosner, P.A. was founded in 1986 and our team of Jacksonville lawyers has never forgotten that the foundation of our practice was built on both the relationships we’ve built with our clients and the results we’ve delivered.