Losing a loved one unexpectedly to a crime or accident is a devastating experience too many families must face. The criminal justice system may or may not punish the wrongdoer. Regardless of what happens in the criminal courts, you and your family may be able to hold the wrongdoer liable in civil court.
The only remedy available in civil court is money, and money can never compensate for the loss of a loved one. However, seeking damages in a Pensacola wrongful death case is a way to hold the wrongdoer accountable and ease the economic impact of your loved one’s death.
Contact Emmanuel Sheppard & Condon if you have lost a loved one to someone else’s criminal or negligent act. Our team of compassionate wrongful death lawyers will analyze your case, discuss your legal options, and aggressively pursue compensation if you decide to move forward.
When Is a Wrongful Death Lawsuit Possible?
Whenever a person, company, or government acts negligently, and someone dies because of their actions, the deceased person’s (decedent’s) family members may have cause to bring a wrongful death lawsuit. Wrongful death actions are possible after fatal car accidents, workplace accidents, and any incident that causes a preventable death. These lawsuits are also possible when someone dies because of a criminal act like a stabbing or shooting.
Florida Statutes § 768.21 establishes the claims the family can bring in a wrongful death suit and directs how the money should be distributed. A member of our Pensacola legal team can explain how the funds would be distributed in a specific case.
Compensation for Family Members
Family members can seek compensation for the losses that are personal to them. Family members’ claims depend on the nature of their relationship with the decedent.
Surviving Spouse
If a spouse survives, they can claim damages for the loss of intimacy, companionship, and emotional support. A spouse can seek damages for the grief and emotional distress the loss caused them.
They also can seek compensation for the economic contribution their spouse made to the household, including the services they provided, such as driving, cooking, home maintenance, and childcare. These claims include the money the decedent would have contributed to the household if they had lived to their full life expectancy.
Children
Minor children of the decedent can claim the loss of their parent’s instruction, guidance, and affection. Adult children also can seek this compensation if they have no surviving parent. All children can claim the financial contributions they would have expected to receive from their parent if the parent had lived, as well as money to compensate for their emotional suffering.
Parents
When the decedent is a minor child, the parents can claim for their mental pain and suffering. When the child is an adult, parents can receive damages for mental pain and suffering only if there are no other survivors.
Other Dependent Family Members
Family members who were financially dependent on the decedent to any degree can claim the amount they would have received from the decedent if the decedent had lived. Family members also can seek compensation for the value of the services the decedent provided to their household. A Pensacola attorney can review the circumstances and advise a family member about whether they can file a wrongful death claim to recover their losses.
Compensation for the Estate
The estate can claim payment for the decedent’s medical expenses from the date of the fatal incident until the date of death. Funeral, cremation, and burial expenses are also paid to the estate. The money the decedent would have earned if they had lived, minus the amount they would have contributed to their household, is also paid to the estate.
This money can be used to pay the decedent’s debts and taxes. When the estate’s creditors have been paid, any money remaining is distributed to the heirs in accordance with the decedent’s will or the laws of intestacy if they did not have a will.
The estate’s claims are paid to the estate’s personal representative, who is often also a family member with a personal claim. A qualified lawyer in Pensacola could assist a personal representative and ensure they direct the proceeds payable to the estate correctly.
Consult a Pensacola Attorney About Wrongful Death Damages
When your loved one dies due to another party’s careless, reckless, or criminal conduct, you may bring a wrongful death lawsuit in civil court. You could hold the wrongdoer accountable for their actions and force them to pay compensation for your losses.
Seeking fair damages in Pensacola wrongful death cases is complicated, and it is important to work with a skilled attorney. The lawyers at Emmanuel Sheppard & Condon have the experience necessary to fight for the comprehensive compensation you and your family deserve. Get in touch today.
