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The Role of Expert Witnesses in Wrongful Death Litigation in Florida

09/11/2024
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When you need to seek justice for a loved one’s tragic and untimely death, it is important to have a team of experienced professionals on your side. This includes not only a wrongful death attorney in Florida but also experts who can help prove both: (i) that your family is entitled to just compensation; and (ii) how much your family is entitled to recover.

Expert witnesses play a vital role in all types of wrongful death cases. Whether you lost a loved one due to driver negligence, medical malpractice, or any other form of negligence or wrongdoing, you will need a wrongful death attorney in Florida who has strong working relationships with expert witnesses skilled in helping prove families’ legal rights. At Searcy Denney, we have been representing Florida families in wrongful death cases for decades, and we work closely with numerous experts who have extensive experience helping our clients secure just compensation in settlement negotiations and in court.

Types of Expert Witnesses in Florida Wrongful Death Cases

There are many different types of expert witnesses who can assist with different aspects of proving grieving families’ legal rights in Florida wrongful death cases. To effectively prove your family’s legal rights, it may be necessary to engage multiple experts who can prepare reports and provide testimony on various aspects of your family’s wrongful death claim. Some examples of the types of expert witnesses we frequently engage to assist with proving our clients’ legal rights include:

  • Accident Reconstructionists – Accident reconstructionists use various forms of data and evidence to piece together the events leading up to a fatal accident. They rely on specialized knowledge and state-of-the-art technology to create extremely accurate computer models of vehicle collisions, building collapses, aviation and railroad accidents, and other incidents resulting in wrongful death.
  • Engineering Experts – Engineering experts assist with families’ wrongful death claims by examining the vehicles or structures involved to determine what went wrong and who (or what company) is to blame. In fatal auto accident cases, for example, we will engage engineers to examine each of the vehicles involved in order to assess factors such as the speed and direction of impact and whether any vehicle maintenance issues or defects played a role in the collision.
  • Financial Experts – Financial experts assist with families’ wrongful death claims by calculating and documenting the long-term financial costs of a loved one’s untimely passing. This includes direct out-of-pocket costs such as psychological care and costs for childcare, cleaning, landscaping, and other services, as well as loss of the victim’s income and benefits through his or her anticipated date of retirement.
  • Medical Experts – Medical experts can provide reports and testimony regarding the specific cause of death. They can also provide reports and testimony regarding whether the family’s loved one survived for a period of time; and, if so, the physical pain and emotional trauma he or she experienced before passing away.
  • Mental Health Experts – Mental health experts can provide additional insight into the fear, anxiety, and trauma fatal accident victims experienced in their last moments of life, which are all key factors in wrongful death cases under Florida law. They can provide reports and testimony regarding family members’ emotional losses and psychological harm as well—which are also losses for which substantial financial compensation may be warranted.

Depending on the nature of your family’s case, it may be necessary to work with other experts as well. Additionally, within each of the broad areas listed above, there are different types of specialists in different fields. For example, while some engineers have expertise in vehicle design or product manufacturing, others specialize in areas such as construction, aviation and railroad safety. An experienced wrongful death attorney in Florida will be able to determine what types of experts are needed to help prove your family’s claim, and then your attorney will be able to work with these experts to prepare and present the evidence needed to present a strong claim for damages.

How Expert Witnesses Can Help with Your Family’s Wrongful Death Case

Broadly speaking, there are three ways that expert witnesses can help with wrongful death cases under Florida law. The role of an expert witness will typically be to assist with one (or more) of the following:

1. Demonstrating the Victim’s Cause of Death

The first way expert witnesses can help is by clearly demonstrating the victim’s cause of death. This is an essential step in all wrongful death cases under Florida law. Whether through accident reconstruction, medical examination, or other means, relevant experts can use their knowledge to conclusively establish what happened and who (or what company) is to blame.

2. Clarifying Technical Issues Related to Liability

Expert witnesses can also help by clarifying technical issues related to liability. For example, in the case of a fatal truck accident, there may be questions as to whether the truck driver is responsible or an issue with the truck itself left the truck driver helpless to avoid a fatal collision. This is a critical distinction, as it will determine whether the truck driver’s employer or the truck’s manufacturer is liable. Similar technical issues can arise in other types of wrongful death cases as well; and, here too, relevant expertise will be critical.

3. Establishing the Family’s Claim for Damages

Finally, expert witnesses can help by establishing families’ claims for damages. This includes both determining what types of damages eligible family members are eligible to receive and how much they deserve to recover. While no amount of money can ever compensate for the loss of a loved one, seeking the full compensation you and your family deserve is essential for achieving some measure of justice and closure.

Contact Us to Speak with a Wrongful Death Attorney in Florida for Free

If you need to know more about filing a wrongful death claim, we encourage you to contact us for a free, no-obligation consultation. To discuss your family’s legal rights with a wrongful death attorney in Florida, please call 800-780-8607 or tell us how we can get in touch online today.

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"The attorneys and staff at Searcy Denney are some of the most compassionate and caring individuals I have met in the legal field. They work tirelessly on behalf of their clients to ensure the best possible outcome. I would highly recommend them for anyone who is seeking excellent legal representation."
Posted By: Lauren Schumacher