Pensacola Wrongful Death Lawyer
Wrongful Death Attorney in Pensacola, FL
If someone else’s negligence causes an accident that results in the loss of your loved one’s life, you may have a wrongful death claim against that person. While taking legal action may not be a priority for those who have lost a loved one, it is important for survivors of the decedent to consider retaining a wrongful death lawyer as soon as possible. In addition to the significant emotional trauma of losing a loved one, families may also face considerable financial difficulties without the support of the deceased. The compensation provided by a wrongful death lawsuit can help ease this financial burden. A wrongful death lawyer at Michael E. Fenimore, P.A. in Florida has a long history of recovering compensation that recognizes the value of the deceased and helps the surviving family recover from their loss.
If you have lost a loved one unexpectedly, fill out our free, no-obligation case review form today to see if we can help.
What Is A Wrongful Death Claim?
A wrongful death claim is a lawsuit filed by the surviving family members or loved ones of an individual who was killed due to the negligent or intentional actions of another person or entity. This lawsuit is brought against the person, persons, or entity responsible for the death.
In Florida, family members of the deceased are permitted to file a wrongful death suit seeking monetary damages. The purpose of the wrongful death suit is to provide compensation for relatives who relied on the deceased for financial and emotional support.
Elements Of A Wrongful Death Case
Wrongful death occurs when negligence, recklessness, or deliberate behavior leads to a fatality. Negligence is defined as the failure of an individual to act as a reasonably prudent person would have under similar circumstances.
To pursue a wrongful death lawsuit successfully, you must establish the following elements, or your case may be dismissed:
- Conduct that constitutes a wrongful act, negligence, default, or breach of contract or warranty;
- The conduct that forms the basis of the lawsuit must have directly caused the death of the deceased individual (for example, if someone was hit by a car and died a week later from a head injury sustained in a separate incident, the survivors would not have grounds to sue the driver of the car, unless the car accident somehow contributed to the person’s vulnerability to the head injury);
- The conduct that led to the death would have given rise to a lawsuit for damages if the deceased had survived.
Some of the most common causes of wrongful death include:
Who Can File A Wrongful Death Suit?
Under Florida law, the survivors of a deceased individual have the right to seek compensation for lost support or services following the death of their loved one. These survivors encompass spouses, children, parents, and any other relatives who relied on the deceased for financial or emotional support. It’s crucial to note that Florida imposes a statute of limitations, or a time limit, for filing wrongful death lawsuits. Failure to adhere to this time limit can prevent potential claimants from pursuing compensation for their losses.
Get Legal Counsel from an Experienced Pensacola Wrongful Death Lawyer
At Michael E. Fenimore, P.A., our attorneys comprehend the challenges a family encounters following a wrongful death and are committed to pursuing fair and equitable compensation for these individuals. To explore your legal avenues after an unforeseen death, reach out to us today by completing our complimentary, no-obligation case review form.