Pensacola Wrongful Death Lawyer
Professional Wrongful Death Attorneys Serving Pensacola, Florida
If a loved one has lost their life due to someone else’s negligence, you may have grounds for a wrongful death claim against the responsible party. While pursuing legal action may not be the immediate concern for those grieving, it is essential for the surviving family members to consider hiring a wrongful death attorney as soon as possible. The emotional trauma of losing a loved one is often compounded by financial challenges, especially when the deceased was a key provider. Compensation from a wrongful death lawsuit can help alleviate some of these financial pressures. At Michael E. Fenimore, P.A., our experienced Pensacola wrongful death lawyer has a proven track record of securing compensation that acknowledges the deceased’s value and aids the family in coping with their loss.
If you’ve unexpectedly lost a loved one, please fill out our free, no-obligation case review form today to see how we can assist you.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action initiated by the surviving family members or loved ones of an individual who has died due to the negligent or intentional actions of another party. This lawsuit is filed against those responsible for the fatal incident.
In Florida, family members of the deceased have the right to file a wrongful death claim seeking monetary compensation. The goal of such a lawsuit is to provide financial relief to relatives who depended on the deceased for both emotional and financial support.
Key Elements of a Wrongful Death Case
Wrongful death arises when negligence, recklessness, or intentional misconduct leads to a fatality. Negligence is defined as the failure to act as a reasonably prudent person would in similar circumstances.
To successfully pursue a wrongful death lawsuit, you must establish the following elements; otherwise, your case may be dismissed:
- Wrongful Act: There must be conduct that constitutes a wrongful act, negligence, default, or breach of contract or warranty.
- Causation: The conduct in question must have directly caused the death of the individual. For instance, if someone is struck by a vehicle and later dies from an unrelated head injury, the survivors cannot sue the driver unless the accident somehow contributed to the person’s vulnerability to that injury.
- Survivable Claim: The conduct that led to the death would have warranted a lawsuit for damages had the deceased survived.
Common causes of wrongful death cases include:
- Motor vehicle accidents
- Medical malpractice
- Birth injuries
- Workplace incidents
Who Can File a Wrongful Death Lawsuit?
Under Florida law, the survivors of a deceased individual can seek compensation for lost support and services after their loved one’s death. Eligible survivors include spouses, children, parents, and any other relatives who relied on the deceased for financial or emotional support. It’s important to be aware that Florida imposes a statute of limitations for filing wrongful death lawsuits. Failing to file within this timeframe can prevent claimants from obtaining compensation for their losses.
Seek Legal Assistance from an Experienced Pensacola Wrongful Death Lawyer
At Michael E. Fenimore, P.A., our attorneys understand the difficulties families face after a wrongful death and are dedicated to securing just and fair compensation for those affected. To explore your legal options following an unexpected loss, contact us today by completing our free, no-obligation case review form.
