Pensacola Wrongful Death Lawyer

Professional Wrongful Death Lawyers Serving Pensacola, Florida

Pensacola Wrongful Death LawyerLosing a loved one due to someone else’s negligence is a devastating experience. If this has happened to your family, you may have the right to file a wrongful death claim against the responsible party. While legal action might not be the first thing on your mind during such a difficult time, seeking justice is crucial for protecting your family’s financial future. The emotional pain of losing a loved one is often compounded by financial burdens, especially if the deceased was a primary provider. A wrongful death lawsuit can help ease these financial pressures by securing the compensation your family deserves. At Michael E. Fenimore, P.A., our dedicated Pensacola wrongful death lawyer has a history of successfully helping families obtain justice and financial relief after a tragic loss.

If you’ve lost a loved one unexpectedly, we encourage you to fill out our free, no-obligation case review form to see how we can help.

Why Choose Fenimore Injury Law for Wrongful Death Cases in Pensacola

Former Insurance Defense—Now Fighting for Your Family: Michael Fenimore spent years representing major insurers and corporations before founding the firm in 2014. That experience gives us a clear view of defense strategies, so we reject low offers, marshal compelling liability and damages evidence, and pursue full compensation at the negotiating table or, when needed, at trial.

Exclusively Focused on Injury & Wrongful Death: Our practice is dedicated to personal injury and wrongful death, including car accidents, trucking accidents, motorcycle crashes, slip and falls, medical malpractice, Uber accidents, Lyft accidents, and more. With 30+ combined years of attorney and paralegal experience, we handle complex fatal-accident claims with care and urgency.

Proven Results & Trial-Ready Strategy: We’ve recovered millions for clients by building strong cases early and staying prepared for the courtroom. Defense counsel knows we will try a case when it’s in our client’s best interest; pressure that often leads to faster, stronger resolutions for grieving families.

Personal Attention, Not a Case Mill: With Fenimore Injury Law, you work directly with your attorney. We keep you informed, explain each step in plain language, and shoulder the legal burden so your family can focus on healing. It’s why we’ve earned 70+ five-star client reviews recognizing our responsiveness, compassion, and results.

Local Roots, Panhandle Reach: Based in Pensacola, we serve families across Escambia, Santa Rosa, and Okaloosa Counties, and throughout the Florida Panhandle. If you can’t come to us, we’ll come to you. Evening and weekend appointments available.

No Fee Unless We Win: We work on a contingency fee basis—no attorney’s fees or costs unless we recover compensation for you.

Meet Lead Attorney Michael Fenimore

Lead attorney Michael Fenimore advocates for families in wrongful death and serious injury cases throughout Northwest Florida. A University of Florida honors graduate with a J.D. from Saint Louis University School of Law, he transitioned from defending insurance companies to representing individuals after tragedy. He is a member of Top American Lawyers (selection limited to fewer than 1%), the American Bar Association, The Florida Bar, The Missouri Bar, the Florida Justice Association (Eagle Member), and the Escambia–Santa Rosa Bar Association.

Resources for Wrongful Death Cases in Pensacola

Understanding Wrongful Death Claims

A wrongful death claim is a legal action brought by the surviving family members of an individual who has died due to another party’s negligent or intentional actions. This lawsuit holds the responsible party accountable for their actions and seeks financial compensation for the losses suffered by the deceased’s loved ones.

In Florida, eligible family members can file a wrongful death claim to recover damages for emotional and financial support lost due to their loved one’s passing. The goal of such a claim is to provide financial relief to those who depended on the deceased.

Key Elements of a Wrongful Death Case

To successfully pursue a wrongful death lawsuit, you must establish the following key elements:

  • Wrongful Act: The responsible party must have engaged in a wrongful act, negligence, or breach of duty that led to the death.
  • Causation: It must be proven that the wrongful act directly caused the individual’s death. For example, if a person is involved in a car accident but later dies from an unrelated medical condition, the driver may not be held liable unless the accident contributed to the fatality.
  • Survivable Claim: If the deceased had survived, they would have had the right to file a personal injury claim based on the circumstances of the case.

Common Causes of Wrongful Death

Wrongful death cases can arise from various circumstances, including:

  • Motor vehicle accidents: Car accidents, truck accidents, and motorcycle accidents are among the leading causes of wrongful death in Florida. Negligent driving behaviors such as speeding, distracted driving, or driving under the influence often result in tragic, preventable fatalities.
  • Medical malpractice: When doctors, nurses, or other healthcare professionals fail to follow proper standards of care, the consequences can be fatal. Errors in diagnosis, surgical mistakes, or medication overdoses may all lead to wrongful death claims.
  • Birth injuries: Complications during pregnancy, labor, or delivery can sometimes be traced to medical negligence. In severe cases, these errors may cause the loss of a newborn or mother, leaving families with unimaginable grief and grounds for legal action.
  • Workplace incidents: Dangerous job sites, such as construction zones or industrial facilities, can pose serious risks. Fatal accidents caused by unsafe conditions, lack of training, or faulty equipment may lead to wrongful death lawsuits filed by surviving family members.

Who Can File a Wrongful Death Lawsuit in Florida?

Under Florida law, surviving family members who relied on the deceased for emotional or financial support may be eligible to file a wrongful death lawsuit. This includes spouses, children, parents, and other dependent relatives. It is important to act quickly, as Florida has a strict statute of limitations for wrongful death claims. Missing this deadline may prevent your family from recovering compensation.

Frequently Asked Questions

A wrongful death claim in Florida arises when a person's death is caused by the negligence, intentional harm, or wrongful act of another individual, entity, or institution. Under Florida's Wrongful Death Act, this includes situations where the death would not have occurred if the responsible party had exercised reasonable care or avoided intentional misconduct. Examples include car accidents due to reckless driving, medical malpractice leading to fatal errors, or intentional acts like assault resulting in death. The claim allows surviving family members to seek compensation for their losses, focusing on both economic and emotional impacts.

In Florida, only the personal representative of the deceased person's estate can file a wrongful death lawsuit. This representative is typically named in the deceased's will or appointed by the court if no will exists, following Florida's probate rules which prioritize spouses, children, or other close relatives (with exceptions, such as if the preferred person is a convicted felon). The representative files the claim on behalf of all eligible survivors and the estate, ensuring that compensation is distributed appropriately among beneficiaries.

The statute of limitations for filing a wrongful death claim in Florida is generally two years from the date of the loved one's death. This deadline is strict, and missing it could bar you from recovering compensation. However, exceptions may apply in certain cases, such as those involving government entities (which may require notice within 1.5 years) or if the cause of death was not immediately apparent. It's crucial to act quickly and consult an attorney to determine if any extensions or special rules apply to your situation.

Damages in a Florida wrongful death case can include both economic and non-economic losses. Economic damages cover tangible costs like medical and funeral expenses, lost wages and benefits the deceased would have provided, and lost financial support for dependents. Non-economic damages address intangible harms, such as pain and suffering, loss of companionship, emotional distress, and loss of parental guidance for minor children. As of 2023, there is no cap on compensation in most wrongful death cases, allowing recovery based on the full extent of the losses. Settlements are typically not subject to federal taxes.

Beneficiaries, or "survivors," in a Florida wrongful death case are specific family members entitled to compensation, prioritized by law. The primary beneficiaries include the surviving spouse (for loss of companionship and support), minor children under 25 (for lost guidance and financial support), and adult children if they were dependent or if no spouse survives. Parents may qualify if the deceased was a minor or if no spouse or children exist. Other blood relatives or dependents can sometimes recover if they relied on the deceased for significant support. The personal representative ensures fair distribution among these parties.

Get Legal Support from a Skilled Pensacola Wrongful Death Lawyer

At Michael E. Fenimore, P.A., we understand how overwhelming it can be to face the legal process while grieving a loss. Our compassionate legal team is committed to helping families secure the justice and financial recovery they deserve.

To learn more about your legal options, complete our free, no-obligation case review form today. Let us help you seek the justice your loved one deserves.