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What Constitutes a Wrongful Death in Lakeland?

Losing a loved one is one of the most painful things in life. The emotional and psychological distress that accompanies the grieving process can take a long time to heal and take a toll on your life.

Unfortunately, some fatalities are followed by legal proceedings to determine whether the incident involved either a crime or negligence. These investigations can become a burden and rob you of the time you need to mourn your loved one. 

If you suspect that the death of a loved one was caused by the reckless acts of another person, consider speaking with a Lakeland wrongful death lawyer. An attorney can investigate the main elements of wrongful death and advise you on the best way to proceed with your case.

The Concept of Negligence

Negligence occurs when someone fails to take reasonable care toward another person and ends up causing harm. It’s the main determining factor of wrongful death and involves four components:

Duty of Care

The first thing that an attorney will check when determining a wrongful death is whether the party in question owed you any duty of care. This means that the person was required to act or serve in a way that does not cause you harm.

For instance, a driver owes all road users a duty of care to drive safely in a manner that doesn’t endanger their lives, just as a manufacturer is required to sell products that are safe for human use.

Breaching the Duty of Care

Next, you’ll need to show that the defendant failed to behave as their duty of care dictates. Since a wrongful death can occur in many ways, the particular breaching of the duty will differ from one case to another.

A driver can breach their duty by driving under the influence or speeding, while a property owner can breach their duty by failing to repair an elevator or stairway. 


For a successful wrongful death claim, there has to be a causal relationship between the negligent party’s action and your loved one’s death. In other words, your attorney will need to prove how the defendant’s negligence caused the fatality. 

In some cases, this stage might need an expert witness to confirm your claims.


Finally, compensation for a wrongful death requires proof of damages on the survivors’ part. These are all the losses that you and your family have suffered due to your loved one’s death, and they can be both monetary and non-monetary. 

Common examples of damages recovered through a wrongful death claim include any medical costs incurred before death, physical and emotional pain the deceased suffered, funeral and burial expenses, loss of expected income, and lost parental guidance and affection, among others.

Consult a Wrongful Death Lawyer in Lakeland

Do you suspect that another person’s negligence caused your loved one’s death? Review your case with a wrongful death lawyer from Lopez & Humphries, PA, to confirm this and to learn whether you can pursue compensation from the liable parties.

Get a free case evaluation by dialing 863-709-8500 or clicking on our website. 

About the Author:

Lopez & Humphries, PA

Melodie Lopez and Kevin Humphries have combined trial experience in more than 100 jury trials, 500 trials before court, 500 Social Security Administration trials and over 50 Workers’ Compensation trials. The attorneys of Lopez & Humphries, P.A. have had their own respective trials featured on national media where they have been described as “experienced” and “excellent” by hosts and commentators on their trial performance. Call us now at 863-709-8500... View full business profile here: Lopez & Humphries, PA

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