Pensacola Wrongful Death Attorney

Compassionate Legal Support for Families Seeking Justice

Losing a loved one is always a difficult and emotional time, especially when the death is sudden and unexpected. If the death could have been avoided, it becomes a tragedy that can leave loved ones feeling helpless and devastated. Legal remedies are available, and our Pensacola wrongful death lawyer can provide guidance, advice, and leadership to grieving families on the actions they can take.

Get the Justice Your Loved One Deserves – If you’ve lost a loved one due to negligence, we’re here to help. Contact us today at (850) 220-2098 for a free consultation.

Filing a Wrongful Death Lawsuit in Florida

The evidence required in wrongful death claims is quite similar to personal injury lawsuits. In both cases, the plaintiff must show that the defendant was negligent. The difference is who brings the lawsuit. In a personal injury case, the person who was victimized by the negligence is also the plaintiff. Of course, in wrongful death cases, the victim did not survive. 

The beneficiaries of a successful wrongful death lawsuit in the state of Florida can be many, but in terms of actually filing suit, only the personal representative of the estate can do so. This personal representative is often someone the deceased designated in their will. Our Pensacola wrongful death attorney can advise the best course to take when a personal representative has not been designated.

Causes of Wrongful Death in Florida

Losing a loved one due to someone else's negligence is devastating. Understanding the most common causes of wrongful death can help families take legal action and seek justice.

Car Accidents & Drunk Driving

Motor vehicle accidents are one of the leading causes of wrongful death. Some of the most common factors include:

• Drunk Driving – Impaired drivers have slower reaction times and poor judgment, increasing the risk of fatal crashes.
• Distracted Driving – Using a phone, eating, or adjusting the radio while driving takes attention away from the road.
• Reckless Driving – Speeding, aggressive lane changes, and ignoring traffic signals can result in deadly accidents.

When a driver’s reckless actions cause a fatal accident, the surviving family members may have the right to seek compensation.

Medical Malpractice & Defective Products

Medical errors and unsafe products can also lead to wrongful death. Common causes include:

• Surgical Mistakes – Errors during surgery, such as operating on the wrong body part or leaving surgical tools inside a patient, can have fatal consequences.
• Misdiagnosis or Delayed Diagnosis – Failing to diagnose a serious condition in time can prevent a patient from receiving life-saving treatment.
• Dangerous or Defective Products – Faulty medical devices, unsafe drugs, and poorly designed consumer products can cause fatal injuries.

When medical professionals or manufacturers fail to uphold safety standards, they may be held responsible for a wrongful death.

How to Prove Negligence in a Wrongful Death Case

To hold someone accountable for a wrongful death, the following must be proven:

Duty of Care & Breach of Duty

Every person or company has a responsibility to act in a safe and reasonable manner. For example:

• Drivers must follow traffic laws and avoid reckless behavior.
• Doctors must provide proper medical treatment according to standard care guidelines.
• Businesses must ensure their products are safe for consumers.

When someone fails to meet these responsibilities, they may be considered negligent.

Gathering Strong Evidence

Proving negligence requires solid proof, which may include:

• Accident Reports – Police reports and incident documentation provide official records of what happened.
• Medical Records – These documents help show the cause of death and any errors that may have contributed to it.
• Witness Statements – Testimonies from those who saw the incident can support a wrongful death claim.

Strong evidence is key in demonstrating that the defendant’s actions directly caused the death.

Who Can Receive Compensation in a Wrongful Death Case?

Wrongful death claims aim to provide financial relief to those who depended on the deceased.

Immediate Family Members

Certain family members may be entitled to compensation, including:

• Spouses – They may receive damages for loss of companionship and emotional suffering.
• Children – Minor children may be compensated for losing parental guidance and support.
• Dependent Parents – If the deceased provided financial support, parents may seek compensation.

These damages help families cope with the financial and emotional impact of their loss.

Estate Claims & Financial Losses

In addition to direct family members, the deceased’s estate may also recover losses, such as:

• Medical Expenses – Any medical bills related to the fatal injury.
• Funeral & Burial Costs – Expenses for laying the deceased to rest.
• Lost Future Income – Compensation for the wages the deceased would have earned.

A wrongful death claim can provide much-needed financial support to those left behind. 

Compensation Available in Wrongful Death Claims

Numerous factors can influence the damages awarded, such as the relationship between the parties and the decedent's expected lifespan. Generally, pain and suffering damages include the loss of companionship, support, and the joy of having that person in one’s life. The decedent's estate may also receive compensation for outstanding medical bills, funeral costs, and related expenses. 

The value of the wrongful death case is determined by the loss that the survivors have encountered. If the survivors held a great love for the decedent, the value of the claim can be substantial. Our Pensacola wrongful death lawyer works with families on bringing forth the proper witness testimony that can attest to how much they have lost by this avoidable tragedy.

Common Questions About Pensacola Wrongful Death Claims

What is a wrongful death lawsuit?

• A wrongful death lawsuit is a legal claim filed when a person's death results from another party's negligence, recklessness, or intentional actions. This lawsuit is designed to hold the responsible party accountable and provide financial relief to the surviving family members. Compensation may cover expenses such as medical bills, funeral costs, lost income, and emotional suffering. While no amount of money can replace a loved one, a wrongful death lawsuit can help ease the financial burden and bring a sense of justice to the family.

Who can file a wrongful death lawsuit in Florida?

• In Florida, only the personal representative of the deceased person's estate can officially file a wrongful death lawsuit. This person may be named in the deceased’s will or appointed by the court if no representative was previously designated. Although the representative files the lawsuit, the claim seeks damages for the benefit of the deceased’s surviving family members, such as a spouse, children, parents, or other dependents. If you’re unsure whether you qualify, our Pensacola wrongful death attorney can guide you through the legal process.

What types of damages are recoverable in a wrongful death claim?

• Damages in a wrongful death lawsuit can be divided into two categories: compensation for survivors and compensation for the deceased’s estate. Survivors may recover damages for loss of companionship, loss of emotional support, mental anguish, and loss of financial contributions. The estate can seek reimbursement for medical expenses related to the final injury or illness, funeral and burial costs, and lost wages the deceased would have earned. In some cases, punitive damages may be awarded to punish egregious negligence.

How is the value of a wrongful death claim determined?

• The value of a wrongful death case depends on multiple factors, including the age, health, and earning potential of the deceased at the time of their death. Other key considerations include the relationship between the deceased and the survivors, the level of financial and emotional support lost, and the extent of pain and suffering endured by the family. Courts also review testimony from family members, professional economic, and medical professionals to determine an appropriate compensation amount.

What is the statute of limitations for filing a wrongful death lawsuit in Florida?

• In Florida, families generally have two years from the date of death to file a wrongful death lawsuit. If the claim is not filed within this period, the right to seek compensation may be lost. However, some exceptions exist, such as cases involving medical malpractice or government entities, which may have different deadlines. Because time is critical, it is best to consult a wrongful death attorney as soon as possible to ensure you meet all legal requirements.

Can a wrongful death claim be filed if the deceased was partially at fault for the accident?

• Yes, Florida follows a comparative negligence rule, meaning that even if the deceased was partially at fault, surviving family members may still recover damages. However, the compensation amount may be reduced based on the percentage of fault assigned to the deceased. For example, if the deceased was found to be 20% at fault, the compensation awarded would be reduced by 20%. An attorney can help evaluate how this may impact your case.

What if the at-fault party does not have insurance or assets?

• If the responsible party does not have insurance or significant assets, pursuing compensation can be more challenging. However, there may still be legal options available, such as uninsured motorist coverage (for car accidents), employer liability (if the at-fault party was working at the time of the incident), or third-party liability claims. Consulting with an attorney can help explore alternative sources of compensation and determine the best course of action.

Get the Justice You Deserve for Your Loss 

No financial settlement can ever make up for the loss of a loved one. But the legal system in the state of Florida is duty-bound to at least try to make things right for families who have been victimized by a wrongful death. At Crawford Law, we’re firmly committed to fighting for the rights of loved ones whose pain and loss could have been avoided. 

Your Family Deserves Compensation – Don’t wait to take legal action. Contact us at (850) 220-2098 to discuss your wrongful death case and explore your options.