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Proving Negligence In A Wrongful Death Claim
Newman Injury Law, PLLC is committed to helping injured Floridians get the compensation they deserve, every step of the way.
Last Updated - September 30, 2026
Read Time - Est: 4 minutes
Experiencing the loss of a loved one due to someone’s careless actions is among the hardest challenges we can go through. While no amount of money can replace a family member, pursuing a wrongful death claim can provide the financial support needed to cover medical bills, funeral costs, and the loss of future income. It can also bring a sense of accountability to those responsible. One of the most important parts of a wrongful death claim is proving that negligence occurred, which can often make the difference between a successful claim and one that is denied. Working with a Pembroke Pines, FL wrongful death lawyer can help us build a case grounded in clear, factual evidence.
Establishing Duty Of Care
A wrongful death claim begins with showing that the defendant had a duty of care to the deceased person. This means that the person or company had a legal responsibility to act in a reasonably safe manner. For example, drivers have a duty to follow traffic laws, property owners must keep their premises safe for visitors, and healthcare providers must deliver medical care that meets professional standards. At Newman Injury Law, our team reviews police reports, contracts, and relevant laws to identify and demonstrate the existence of this duty.
Showing Breach Of Duty
Once a duty of care has been established, we must show that the defendant breached this duty. A breach happens when someone acts, or fails to act, in a way that a reasonable person would not. Evidence of speeding, distracted driving, unsafe property conditions, or medical errors can all be signs of a breach. We often work with professional investigators who gather video footage, witness statements, maintenance records, or medical charts to clearly show how the breach occurred.
Linking Breach To The Death
Proving a breach by itself isn’t sufficient; we need to show how that breach directly caused our loved one’s death. This step, called causation, requires demonstrating that the negligent action was the main cause of the fatal injuries. In some cases, this means using accident reconstruction experts to show how a car crash led to fatal trauma or relying on medical testimony to link a misdiagnosis to a patient’s passing. We carefully review every record and consult professionals as needed to make a strong, fact-based connection.
Proving Damages
Finally, proving negligence in a wrongful death case requires clear evidence of the losses suffered as a result of the death. Damages can include economic losses such as funeral expenses, medical bills, and lost future earnings, as well as non-economic losses like emotional pain, loss of companionship, and mental suffering. Our team at Newman Injury Law prepares detailed documentation of these damages, using financial records, employment history, and expert opinions on future income potential to accurately show what the family has lost.
Why Legal Support Matters
Proving negligence is rarely straightforward, and defendants or their insurers often dispute key points in a case. This is where having experienced legal representation can make a difference. At Newman Injury Law, we not only build strong cases based on thorough investigation, but we also understand the emotional challenges families face after a tragic loss. Our attorneys have recovered millions of dollars for clients throughout Florida, and we offer free consultations so families can learn about their options without upfront costs. We also work on a contingency fee basis, which means there are no legal fees unless we win.
Moving Forward With Confidence
Dealing with the loss of a loved one is hard enough without also facing insurance companies and legal matters by ourselves. By focusing on establishing each element of negligence, we can help families pursue justice and secure compensation to move forward. If you believe negligence contributed to your family member’s death, we encourage you to reach out to Newman Injury Law, PLLC today. Let us help you get the answers and support you deserve.
Davie, FL