How Our Pensacola Wrongful Death Attorneys Fight for You
We provide comprehensive legal support focused on securing full compensation for families of wrongful death victims. When you hire us, here is what you can expect.
Thorough Case Investigation
We start by building a strong case. This may involve a thorough investigation in which we gather evidence like accident reports, witness statements, and expert testimony.
Medical Expertise
Not all personal injury firms have the ability to evaluate catastrophic injuries from every angle. We do. Our in-house medical doctor works with the coroner's office to determine the cause of death and other important issues.
Skilled Negotiation and Litigation
To save you from the stress and uncertainty of a courtroom trial, we will strive to secure a fair settlement through negotiation. If the other side refuses to cooperate, our board-certified civil trial specialists are always prepared to take your case to court.
What Is Wrongful Death?
A wrongful death claim is a type of legal action brought by the surviving family members of a person who has died due to the negligence or wrongful conduct of another party. Unlike criminal charges, which are brought by the state, a wrongful death lawsuit is a civil action focused on providing financial compensation to the surviving family members.
In Florida, wrongful death claims can arise from a wide range of situations, including:
- Car Accidents: When a driver's negligence, such as speeding, drunk driving, or distracted driving, causes a fatal accident.
- Motorcycle Accidents: Motorcyclists are particularly vulnerable on the road, and their accidents are often caused by the negligence of other drivers.
- Truck Accidents: The trucking industry is subject to strict regulations, and violations of these regulations can lead to serious accidents. We hold trucking companies and drivers accountable for negligence that results in fatalities.
- Medical Malpractice: When a doctor, nurse, or other healthcare provider's negligence leads to a patient's death. This could include surgical errors, medication errors, misdiagnosis, or failure to provide appropriate treatment.
- Workplace Accidents: Employers are responsible for providing a safe work environment for their employees. If negligence leads to a fatal workplace accident, we can help families pursue a wrongful death claim.
- Defective Products: If a dangerous or defective product, such as a faulty car part or a dangerous medication, causes death, we can hold the manufacturer or distributor liable.
- Premises Liability (Slip and Falls, Negligent Security): Property owners have a duty to maintain safe conditions on their property. We handle wrongful death claims related to slip and falls, inadequate security, and other dangerous conditions on someone else's property.
- Criminal Acts (Assault, Battery): In some cases, a wrongful death claim may be brought in conjunction with criminal charges if a person's death is caused by an intentional act of violence, such as assault, battery, or homicide.
Who Can File a Wrongful Death Claim in Florida?
Florida law specifically outlines who has the legal standing to file a wrongful death lawsuit. Typically, the claim is brought by the personal representative of the deceased person's estate. This person is appointed by the court and acts on behalf of the surviving family members. The compensation recovered in a wrongful death lawsuit is distributed to the beneficiaries listed in the deceased's will or, if there is no will, according to Florida's intestacy laws.
The beneficiaries who may be entitled to compensation in a wrongful death case include:
- Spouse: The surviving spouse of the deceased.
- Children: The biological or adopted children of the deceased, including adult children.
- Parents: The parents of the deceased, even if the deceased was an adult.
- Other Dependents: Any other individuals who relied on the deceased for financial support, such as stepchildren, grandchildren, or other relatives.
Our Case Results: Seeking Justice for Families
A Jefferson County jury has awarded $5 million in punitive damages to a Florida woman for the wrongful death of her husband, and against two Birmingham physicians and the University of Alabama Health Services Foundation.
After awarding a Wakefield family $1.55 million in compensatory damages, the jury voted to order Pfizer to pay $10 million in punitive damages over Warner-Lambert’s handling of Rezulin.
LIBERTY, Missouri — Un jurado del Tribunal de Circuito del Condado de Clay estaba a punto de conceder 26,2 millones de dólares a los demandantes en un juicio en Rezulin cuando las partes llegaron a un acuerdo por una cantidad no revelada el 27 de diciembre (Shirley Griggs, et al. v. Warner-Lambert Company, núm. CV100 3957 CC, Mo. Cir., Clay Co.; véase diciembre de 2001, página 6).
What Damages Can Be Recovered in a Wrongful Death Case?
Our Pensacola wrongful death lawyers will fight aggressively to recover all the compensation your family deserves for your loss. These damages can include both economic and non-economic losses:
- Economic Damages:
- Funeral and Burial Expenses: The costs associated with the funeral, burial, cremation, and other end-of-life expenses.
- Loss of the Deceased's Income and Future Earnings: Compensation for the income your family would have received had the deceased lived, including lost wages, benefits, and potential future earnings.
- Medical Expenses: If the deceased incurred medical expenses before their death, we will seek reimbursement for these costs.
- Non-Economic Damages:
- Loss of Companionship, Love, and Support: This includes compensation for the emotional pain and suffering caused by the loss of a loved one's companionship, guidance, love, and support.
- Pain and Suffering the Deceased Experienced Before Death: If the deceased experienced pain and suffering before they passed away, such as in cases where death was not instantaneous, we will seek compensation for their pain. For example, a drunk driving accident victim may undergo emergency room treatment, surgery, and hospital in-patient stays— all before succumbing to their injuries. We will seek compensation for the pain and suffering your family members suffered before they died.
- Mental Anguish and Emotional Distress of Surviving Family Members: This covers the emotional distress, grief, anxiety, and mental suffering experienced by the surviving family members.
- Punitive Damages (in cases of intentional misconduct or gross negligence): In some cases, if the defendant's conduct was particularly reckless or outrageous, the court may award punitive damages. Punitive damages are intended to punish the defendant and deter similar conduct in the future.