Pensacola Wrongful Death Attorney

Seeking Justice For Your Loved One's Wrongful Death 

When a loved one’s death is caused by the negligence of another person or company, a wrongful death claim may arise. Prior to filing a wrongful death lawsuit, there must be an established estate for the decedent with a personal representative. When no representative is named in a will, the court will appoint someone, with a preference for the spouse, parent, or child of the decedent.

If you believe you have a wrongful death case, contact The Watson Firm, PLLC for a free case evaluation to discuss your legal options and how we can offer our help and support. Our Pensacola wrongful death lawyers are compassionate and experienced when it comes to such matters and can handle the legal aspects of your claim on your behalf. We understand how to handle your case swiftly and efficiently, without placing an additional burden on you and your family during this difficult time.

Call (850) 607-2929 or fill out our online contact form to get in touch about your free, no-obligation legal consultation to determine whether you have a case.

Understanding Wrongful Death Claims in Florida

When an individual is killed by the wrongful conduct of another, the decedent’s heirs and beneficiaries may file a wrongful death action against the responsible person. This is a civil action, making it separate from any pending criminal charges. The Florida Wrongful Death Act was designed to provide a form of justice to the surviving families of the victim in the form of monetary compensation.

According to the Florida Wrongful Death Act, when an individual is killed as a result of negligence—whether through careless, reckless, or intentional actions or inactions—their surviving family members may bring forth a civil lawsuit against the responsible person, company, or other entity. Under this law, the estate may claim damages for the loss of the individual, including but not limited to funeral/burial expenses, loss of support, and consortium.

Navigating the Wrongful Death Claim Process in Florida

The state of Florida has specific rules governing wrongful death claims. The claim must be filed by the personal representative of the deceased’s estate. This person, often a family member or close loved one, is typically named in the deceased’s will. If no such representative is named, the court will appoint one.

The claim is filed by the personal representative on behalf of the deceased’s surviving family members. The claim must name every surviving family member—including the deceased’s spouse, parents, or children, as well as other relatives or adoptive siblings—who were dependent upon the deceased for “support or services.”

After a wrongful death has occurred, the personal representative of the estate has two years to file a wrongful death claim. This deadline may be extended under certain, specific circumstances; however, this is rare. When filing any personal injury or wrongful death case in the state of Florida, it’s important to adhere to the applicable statute of limitations in order to secure the possibility of an optimal outcome.

Recovering Damages In a Wrongful Death Case

Each survivor can recover the total value of the loss of support and services with interest for future losses. The court considers the relationship to the decedent, amount of probable net income, the replacement value of the decedent’s services to the survivor, joint life expectancies of the survivor and decedent, and the period of minority for any minor children.

Other damages that may be available include:

• Loss of companionship, protection, and pain and suffering for the spouse
• Loss of parental companionship, instruction, and guidance, and pain and suffering for minor children
• Mental pain and suffering for surviving parents of minor children
• Medical expenses
• Funeral expenses

Compassionate Legal Support for Wrongful Death Cases

Dealing with the loss of a loved one is an incredibly difficult and emotional experience. When that loss is the result of someone else's negligence or misconduct, the pain can be even more overwhelming. At The Watson Firm, PLLC, our Pensacola wrongful death attorneys understand the sensitive nature of these cases and provide compassionate legal support to help you seek justice for your loved one.

Our experienced legal team can assist with:

• Investigating the circumstances of the wrongful death
• Filing a wrongful death claim on behalf of the surviving family members
• Negotiating with insurance companies and at-fault parties for fair compensation
• Litigating in court if a fair settlement cannot be reached

We are committed to helping our clients navigate the complexities of the legal process while providing the support and guidance they need during this challenging time. If you have lost a loved one due to someone else's negligence, contact us today to schedule a consultation and learn how we can help you seek justice for your family.

FAQ: Pensacola Wrongful Death Attorney

1. What is a wrongful death claim?

A wrongful death claim arises when a loved one’s death is caused by the negligence or misconduct of another person or company. This civil action allows the decedent’s heirs and beneficiaries to seek monetary compensation from the responsible party.

2. Who can file a wrongful death lawsuit in Florida?

In Florida, the personal representative of the deceased's estate must file the wrongful death claim on behalf of the surviving family members. This representative is often named in the deceased’s will, but if no representative is designated, the court will appoint one, with preference given to a spouse, parent, or child.

3. What damages can be recovered in a wrongful death case?

Survivors may be eligible to recover various damages, including:

• Loss of support and services
• Loss of companionship and protection for the spouse
• Pain and suffering for the spouse, minor children, or parents
• Loss of parental companionship, instruction, and guidance for minor children
• Medical expenses related to the incident
• Funeral and burial expenses

4. How long do I have to file a wrongful death claim in Florida?

In Florida, the statute of limitations for filing a wrongful death claim is two years from the date of death. Extensions are rare, so it is essential to act within this timeframe to protect your right to compensation.

5. How is compensation calculated in a wrongful death case?

Compensation is based on factors such as the decedent’s probable net income, the value of the decedent’s services, the relationship of each family member to the deceased, and the joint life expectancies of the decedent and each survivor. Minor children and the surviving spouse may also recover damages for loss of companionship and pain and suffering.

6. What is the process for filing a wrongful death claim in Florida?

The personal representative of the estate files the claim on behalf of the surviving family members. All eligible family members—such as the deceased’s spouse, children, parents, or other dependents—must be included in the claim. A wrongful death attorney can assist in navigating the filing process and ensuring all relevant family members are represented.

7. How can The Watson Firm, PLLC assist in a wrongful death case?

The Watson Firm, PLLC provides compassionate legal support and experienced guidance. Our team can help with:

• Investigating the circumstances surrounding the wrongful death
• Filing a claim on behalf of surviving family members
• Negotiating with insurance companies for fair compensation
• Litigating in court if a fair settlement cannot be reached

8. What makes a wrongful death case different from a criminal case?

A wrongful death claim is a civil action, separate from any criminal charges that may be pursued. In a wrongful death case, the goal is to provide compensation to the decedent’s family, while criminal cases focus on punishment for the wrongdoing.

Contact Our Pensacola Wrongful Death Lawyer Today

There is a statute of limitations for filing a wrongful death action. The action must be brought within two years of the date of death. If the surviving family is unable to file within this given deadline, the court may deem the case invalid.

Contact our The Watson Firm, PLLC at (850) 607-2929 or contact us online for a free consultation with our Pensacola wrongful death lawyer. You pay nothing unless we win your case.