What if Fault Is Disputed in a Wrongful Death Case?

If fault is disputed in a wrongful death case, you can still pursue compensation. Just because someone denies responsibility doesn’t mean they aren’t still to blame. However, you will need sufficient evidence to prove this. 

A Fort Myers wrongful death lawyer can help you with this process. They can gather evidence, review accident reports, interview witnesses, and represent you in court, all while handling the dispute itself. 

After losing a loved one, you have a lot to deal with. The last thing you need on top of your grief is pushback from the negligent party. But when this does happen, having the right legal representation on your side can make all the difference. 

How Fault is Determined in Fort Myers Wrongful Death Claims 

In wrongful death cases, fault is usually determined based on the available evidence. Lawyers and insurance companies will look at accident reports, police statements, photographs, witness testimony, medical records, and more to figure out who may be liable.

Under Florida Statutes § 768.81, Fort Myers follows a modified comparative negligence system. This means that if one person or party is found to be more than 50% at fault for an accident, they may be unable to recover any damages.

So, if your loved one died in an accident where someone else was 51% or more at fault, you may be able to claim compensation. However, if your loved one was 51% or more at fault for the accident, you may not be able to recover any damages. Learn more about how liability is determined in wrongful death cases. 

What Happens If Fault is Disputed in a Wrongful Death Case? 

If a third party argues against who is to blame for the death of your family member, it usually makes the claim more complicated. This is what tends to follow a disputed claim: 

• Denial: The insurance company or the opposing party denies responsibility, suggesting someone else was to blame. 
• Evidence gathering: The opposing party will begin to gather evidence to back up this claim. Your lawyer will also begin their own review of the evidence to prove negligence and liability. They may also liaise with a professional who can reconstruct the accident to make your argument as strong as possible. 
• Negotiations: The two parties may enter negotiations with the aim of reaching a fair settlement. 
• Court hearings: If there is no agreement, the case proceeds to court, where your attorney will present your case in front of a judge or jury, who will decide where the fault lies. 

A dispute adds a lot more layers to your compensation claim, which would be exhausting to handle on your own. That’s why having legal representation is a necessity. 

What if Multiple Parties Are at Fault? 

Many accidents that lead to wrongful death may involve more than one responsible party. A multi-vehicle car crash, for example, or a workplace accident where negligence occurred at various stages and led to this unfortunate incident. 

If this happens, you can hold multiple parties responsible. Fault will be shared between each individual or company, depending on their percentage of liability. 

As an example, if your loved one was the victim of a fatal car crash where one driver ran a red light, and another one was driving under the influence, both could share blame. And both could be made to pay for their actions. 

Evidence That Can Help to Prove Fault in Wrongful Death Cases 

The type of evidence you use to support your claim will depend on the circumstances of the incident. Wrongful deaths are unexpected and happen suddenly, which is why pinning down the responsible party can be difficult. 

To make sure you successfully challenge the dispute, be sure to save the following proof:

• Photographs of the accident scene.
• Accident reports from investigators and police.
• Medical records showing the cause and extent of the injuries suffered.
• Witness statements that focus on the facts and describe exactly what happened.
• Video footage from dashcams or local surveillance footage.
• Accident reconstruction analysis.

Preserving the information allows you to demonstrate exactly what happened and who is at fault. The more you have, the harder it will be to dispute. 

How a Wrongful Death Lawyer in Fort Myers Can Support Your Claim 

You have a lot on your plate after a close family member passes away, especially when it happens so suddenly. A wrongful death lawyer understands just how upsetting and stressful this time can be, which is why they dedicate their time to taking care of the legal process for you. 

They’ll work tirelessly to investigate the facts surrounding the accident, focusing on who might be at fault and how to prove it. This includes evaluating all the evidence and handling all communications with the insurance companies. 

If fault is disputed in a wrongful death case, a skilled attorney will fight through this roadblock and negotiate a fair settlement. And in the event your case goes to court, they’ll be able to present your side of the story while protecting your rights. 

Speak to Viles & Beckman to Discuss Your Case 

At Viles & Beckman, no case is too small. We treat every wrongful death claim with care and compassion, having helped thousands of clients across Fort Myers for over 30 years. 

If you’re wondering what happens if fault is disputed in a wrongful death case, our lawyers can help. We’ll offer guidance on what this means for your case and explain your options, so that you can move forward with as little hassle as possible. 

Learn more about the role of a wrongful death lawyer, or contact us to book a free consultation and discuss your options.