Pensacola Wrongful Death Lawyer

Pensacola Wrongful Death Attorney

Dealing with the sudden death of a loved one can be devastating, particularly when it happens as a result of an accident caused by the negligence of another person. The surviving family members of the victim not only experience the tragic loss of a loved one but are often left with overwhelming financial and emotional damages. It is vital that you contact a Pensacola wrongful death lawyer to help you navigate the legal process and obtain the compensation that your family is entitled to.

At Phil Hall, P.A., we have worked for more than 20 years representing the families of personal injury and wrongful death victims in the state of Florida. We understand the extremely sensitive circumstances that these cases bring and treat every family with the utmost respect and compassion during their mourning so that they can secure the just compensation they are entitled to as they attempt to carry on with their lives.

What Are the Elements of a Wrongful Death Case?

There are multiple factors that need to be proven by the plaintiff to successfully obtain compensation in a wrongful death case:

• Duty of Care: The plaintiff must prove that the defendant owed a duty of care to the victim, meaning that a certain level of care would have been expected to be exercised by a reasonable person. For example, in a car accident case, a driver would be expected to follow the traffic laws.
• Breach of the Duty of Care: The plaintiff must show that the defendant failed to meet the duty of care. Using the car accident example, the driver may have run a red light, been speeding, or was driving under the influence of alcohol.
• Causation: The plaintiff must also show that the defendant’s breach of the duty of care directly led to the victim’s death. For example, a driver running a red light and then crashing into another car, leading to the death of the victim.
• Damages: Lastly, the plaintiff must demonstrate that the family members suffered damages as a direct result of their loved one’s death. For example, they relied on their relative’s income to pay bills or to pay their funeral expenses.

Family members may also be entitled to receive compensation for non-economic damages sustained as a result of their relative’s death, such as emotional pain & suffering and the loss of support, companionship, and affection that they used to enjoy.

It is important to note that failure to prove one of the above elements in a wrongful death case can result in the plaintiff receiving zero compensation for the damages sustained from the death of the victim. This is why it is paramount to consult with a reputable personal injury lawyer with direct experience handling similar wrongful death cases in Pensacola, Florida to receive the just compensation that you and your family are entitled to because of another person’s negligence.

Who Can File a Wrongful Death Claim in Florida?

Since the person who is killed in an accident is unable to file a lawsuit on their own behalf, it is crucial to understand who can pursue legal action on their behalf and file a wrongful death claim. In most cases, those who file a wrongful death claim on behalf of the deceased include the victim’s surviving spouse, their children or parents, other immediate family members or next of kin, or a personal representative of the deceased victim’s estate.

In the state of Florida, however, only the personal representative of the deceased victim’s estate is legally allowed to file a wrongful death claim. This individual can be chosen and named in their will at any point during a person’s lifetime, or they can be appointed after the death of the victim if a will & testament were not left behind.

FAQs

How Much Is a Wrongful Death Lawsuit Worth in Florida?

Each and every wrongful death case varies greatly in terms of overall complexity. The defendant’s insurance coverage, whether the fault has been established or disputed, whether the case is settled or goes to trial, and the total damages incurred as a result could all factor into the settlement. Each case is unique, so settlements will widely vary.

Is it Hard to Win a Wrongful Death Lawsuit?

Yes, it can be extremely difficult to win a wrongful death lawsuit. It must be proven that the defendant owed a duty of care to the victim, breached that duty of care, caused the death of the victim by breaching that duty, and that the victim’s family suffered damages due to the death to win a wrongful death lawsuit.

How Long Will a Wrongful Death Lawsuit Take in Florida?

The length of time a wrongful death lawsuit will take in Florida can vary widely depending on several factors, such as the overall complexity of the case, whether or not fault is disputed, and whether the case can be settled or pushed to trial. It is wise to consult with a wrongful death attorney who can ensure mistakes aren’t made that will lengthen the settlement process.

What Damages Can You Get for Wrongful Death in Florida?

In the state of Florida, you can receive compensation for both economic and non-economic damages sustained as a result of the death. Economic damages include loss of income, insurance benefits, medical bills, lost earnings, funeral expenses, and household services. Non-economic damages include pain and suffering, loss of support and services, and loss of companionship, among others.

Consulting With a Trusted Pensacola Wrongful Death Attorney

Although there is no settlement amount that can ever replace the loss of a loved one, we approach every individual case with determination and diligence to guide you through every step of the legal process and recover compensation to the fullest extent so that you and your family can move on through the grieving process without having to worry about the legal issues.

At Phil Hall, P.A., our attorneys have direct experience handling wrongful death cases, as well as other types of personal injury claims such as medical malpractice, car accidents, motorcycle accidents, truck accidents, and even boating accidents.

Give us a call today to schedule a free consultation with one of our attorneys.