Who Can File a Wrongful Death Lawsuit in Pensacola?
In Florida, only the personal representative of the decedent’s estate can file a wrongful death lawsuit for the benefit of the decedent’s family members or the estate.
Under the Florida Wrongful Death Act, there is a specific list of surviving family members who may recover damages. Some survivors may sue, regardless of whether they were dependent on the deceased person. In Florida, this includes the following parties:
- Decedent’s spouse
- Decedent’s children
- Decedent’s parents
The goal of a Pensacola, Florida, wrongful death suit is to shift the losses of death from the family to the wrongdoer. Therefore, other family members may also recover damages if they were at least partly dependent on the person who passed away for financial support. This includes the following parties:
- Decedent’s blood relatives
- Decedent’s adoptive siblings
- If the decedent was a mother, any children born out of wedlock
- If the decedent was a father, children born out of wedlock only if the father had a recognized responsibility for the child’s support
These parties are permitted to recover damages since they were harmed by the decedent’s death.
Damages that can be Recovered in a Florida Wrongful Death Case
Several different types of damages are available in a wrongful death suit in Florida. The goal of these damages is to compensate the family for the loss of their loved one. Compensation may be recovered for financial losses, emotional support, or pain and suffering. Our experienced Pensacola wrongful death lawyers will explain.
Under the Florida Wrongful Death Act, the following types of damages may be available to the survivors of the deceased:
- The value of lost support and services the family member used to receive from the decedent
- The future loss of the decedent’s support and services
- The surviving spouse’s loss of companionship and protection
- The surviving spouse’s mental pain and suffering
- Minor children of the decedent (or, if there is no surviving parent, all children of the decedent) may receive damages for lost parental companionship, instruction, and guidance
- Minor children of the decedent (or, if there is no surviving parent, all children of the decedent) may receive damages for mental pain and suffering
- Parents of deceased minor children may receive mental pain and suffering damages
- Parents of deceased adult children may receive mental pain and suffering damages if the decedent had no other survivors
- Medical or funeral expenses
Florida also allows the decedent’s estate to recover damages. The damages available to the estate may include:
- Loss of earnings and loss of what would have reasonably been the decedent’s future earnings
- Loss of earnings the estate could have made if the decedent had survived
- Medical and funeral expenses that may have been charged to the estate
What is the Florida Wrongful Death Statute of Limitations?
The statute of limitations for wrongful death in Florida is two years from the date of death. Although two years may seem like a long time, the truth is, when dealing with the death of a loved one, two years can go by in the blink of an eye. This short time period makes it critical that you contact an experienced wrongful death attorney in Pensacola, FL, as soon as possible.
A wrongful death suit can provide relief to family members who have been injured emotionally and financially as a result of the death. At Emmanuel Sheppard & Condon, we have a whole team of dedicated lawyers with the knowledge and experience to successfully handle your case. The damages recovered do not include damages that are personal to the decedent since the decedent is not allowed to recover for pain and suffering, mental stress, etc.
How Can a Lawyer Help with My Wrongful Death Lawsuit?
The loss of a loved one is an emotional and overwhelming experience. When that loss is caused by someone else’s negligence, navigating the legal process can feel impossible during such a painful time. At Emmanuel Sheppard & Condon, we are here to help lighten your burden and guide you through the steps of filing a wrongful death lawsuit with compassion and care.
Our experienced wrongful death attorneys are dedicated to advocating for your family’s rights and ensuring you receive the justice and compensation you deserve. Here’s how we can assist:
Gathering and Preserving Evidence
A strong case starts with solid evidence. We investigate the circumstances surrounding your loved one’s death, collecting critical details such as accident reports, medical records, witness statements, and expert testimonies to build a compelling claim.
Determining Full Compensation
Calculating damages in a wrongful death case can be complex. We will carefully assess not only financial losses such as funeral expenses and lost income but also the emotional pain, suffering, and loss of companionship your family has endured.
Managing Communication and Negotiations
Facing insurance companies and responsible parties can be daunting. We handle all communication on your behalf, negotiating skillfully to seek a fair settlement that reflects the gravity of your loss.
Filing Legal Documents
Legal processes involve strict deadlines and detailed paperwork. Our team ensures that all documents are prepared and filed correctly so your claim proceeds smoothly.
Representing You in Court
While many cases settle outside the courtroom, we are fully prepared to represent you at trial if necessary. Our attorneys will fight tirelessly to present your case and advocate for justice.
Losing someone you love is never easy, and pursuing a legal claim may feel overwhelming, but you don’t have to face this alone. The trusted team at Emmanuel Sheppard & Condon is here to stand beside you every step of the way, providing the support and expertise you need in this difficult time.
Contact the Pensacola Wrongful Death Attorneys at Emmanuel Sheppard & Condon Today
Losing a loved one due to someone else’s negligence is a devastating and life-altering experience. It’s natural to feel overwhelmed, uncertain, and even hesitant about what steps to take next. At Emmanuel Sheppard & Condon, we want you to know that you don’t have to face this alone. Our compassionate team is here to guide you through this challenging time with understanding, care, and focused legal support.
When you reach out to our experienced wrongful death attorneys, you’ll find a team that is ready to listen to your story and offer thoughtful advice tailored to your situation. We know that no settlement or court ruling can undo your loss, but seeking justice and holding the responsible parties accountable is an important step toward healing. We are committed to standing by your side and helping you find a sense of closure while easing the financial burdens that can come with an unexpected loss.
At Emmanuel Sheppard & Condon, we treat each of our clients like family. From your first consultation, we take the time to answer your questions, explain the legal process, and ensure you feel supported every step of the way. Our dedicated team of attorneys will put their decades of expertise to work for you, fiercely advocating for the justice and compensation your family deserves.
If you’ve lost someone you love in a wrongful death case, don’t wait to seek help. Contact Emmanuel Sheppard & Condon today at 850-433-6581 or through our online form for a free, no-obligation consultation. We’re here to provide the guidance, support, and legal representation you need during this difficult time.