Hiring a Private Investigator for a Wrongful Death Investigation & Lawsuit in Miami Gardens, FL

Private investigators are hired by law firms to conduct investigations for and behalf of their clients. Their clients can be on either side of the plaintiff/defendant circumstance. If defending, the investigation tries to locate exculpatory evidence that will prove justification or innocence. If on the plaintiff side they are trying to locate evidence in support of the clients complaint.

Elements of Wrongful Death Cases

• There was a death of a human being
• The death was caused by another person’s negligence, causation or with intent to cause harm.
• Family members are suffering monetary injury as a result of the death. Punitive damages in criminal activity is sought. Medical expenses are sought to be covered. Loss of future income and support to the survivors. Loss of love and companionship from the person who died.
• There is an appointment of a representative for the decedent’s estate.
The cause of death can involve medical malpractice that results in decedent’s death, and vehicular or aircraft accident, occupation exposure to hazardous conditions or chemicals or other substances, criminal behavior or death during a supervised activity. Though subject to the statute of limitations, wrongful death lawsuits can be filed later in accordance with the rule of discovery if the cause was determined at a later date.

Private Investigation Methods to Prove or Disprove Wrongful Death

Depending on circumstances a private investigator may employ numerous investigative methods. In criminal circumstances it could just be a review of the investigative record. All deaths must be reported. In most jurisdiction unless death is by natural causes some sort of investigation is in order by public authority. Even natural death is reviewed and documented by a least the coroner’s office. Usually an investigator is retained after the events leading to the death of the individual and officer reports will need be reviewed and interviews conducted.

Duty of Care

Duty of care; it must be proven that the defendant had a duty to care towards the deceased. There was a breach of that duty to care, and is shown that the lack of diligence to duty of care caused the death of the deceased.
Malpractice and medical investigations require that both the investigator and attorney are familiar with the medical field, medical negligence and incorrect medical treatment. Workplace covers industrial accidents company negligence or mismanagement. Product liability cases are caused by badly designed and poorly tested consumer goods. Accident and criminal investigations investigate criminal responsibility as death occurs during the commission of a crime, negligence causing the accident or failure to act.

Wrongful Death Lawsuits

Wrongful death lawsuit is a civil action. In civil vs criminal case the burden of truth for a civil case is set at a lower standard than criminal cases. It depends on the preponderance of evidence versus beyond a reasonable doubt of a criminal case. To build a wrongful death case you need to:
• Investigate claim making sure facts and circumstances would support civil litigation.
• Develop a strategy of presentation.
• Expert witnesses generally contribute more in a wrongful death suit than many other cases.
• Research tort law.

Private Investigator & Security Services in Greater Miami, Sunny Isles, Fort Lauderdale, Boca Raton & Miami Gardens Florida

There will be demands, mediation and possible settlement of the claim. Quantity of evidence is not as important as the credibility and quality of the evidence. The attorney for the plaintiff has the task to build a solid case and to ensure the burden of truth has been met. Wrongful death suits can be complicated. Advanced Private Investigator & Security of Miami, FL can assist in all your private investigator and security needs. Contact us today!