PENSACOLA WRONGFUL DEATH LAWYER

Losing a loved one unexpectedly is devastating. When that loss occurs because another person or company acted carelessly, recklessly, or wrongfully, Florida law may allow surviving family members to pursue justice and financial accountability.

Wrongful death generally refers to a situation where someone loses their life because of another person or entity’s negligence, misconduct, or other wrongful behavior. These cases are handled under each state’s wrongful death laws.

A wrongful death claim permits certain surviving family members to seek compensation for both the financial losses resulting from the death and the personal loss of the loved one’s companionship and support.

To establish a wrongful death case in Pensacola, an attorney typically must show that:

• The defendant owed a duty of care
• The defendant breached that duty
• The breach directly caused the death
• Surviving family members suffered legally recognized damages

Florida law also determines who may bring a wrongful death claim and how any compensation may be distributed among surviving family members.

Wrongful death claims can result from many types of preventable events. Although every situation is different, certain kinds of fatal incidents occur more frequently in communities such as Pensacola.

Some common causes of wrongful death include:

• Car accidents: Often involving reckless, negligent, or distracted driving
• Pedestrian or bicycle collisions: When drivers fail to yield or operate vehicles safely around vulnerable road users
• Commercial truck accidents: Cases involving driver fatigue, poor vehicle maintenance, or unsafe driving practices
• Medical malpractice: Mistakes by doctors, nurses, or other healthcare professionals in hospitals or surgical facilities
• Workplace accidents: Including construction site incidents or other hazardous job conditions
• Drownings: Occurring in residential pools, public pools, or other unsafe water environments
• Premises liability incidents: Dangerous conditions at businesses, apartment complexes, or other properties
• Defective products: Consumer goods or equipment that are dangerous or malfunctioning
• Nursing home neglect or abuse: Failure to provide proper care for vulnerable residents
• Violent or criminal acts: Fatal injuries resulting from assault, homicide, or other criminal conduct

Any of these circumstances may lead to a civil wrongful death claim. These civil cases are separate from any criminal proceedings that might arise from the same incident.

If you believe a wrongful death may have occurred, taking prompt action can help protect your legal rights and preserve important evidence. Consider the following steps:

Obtain a Death Certificate

An official death certificate records the cause of death and may serve as an important document in evaluating a potential claim.

Gather Evidence

Try to collect relevant materials such as medical records, accident reports, photographs, witness statements, or other documentation that may support your case. If the death occurred in a workplace or medical environment, request records related to treatment, procedures, or possible safety violations.

Contact Morgan & Morgan

A wrongful death attorney can review the circumstances of the case and help explain potential next steps. They can also help identify who may be responsible and what types of compensation may be available.

Avoid Speaking With Insurance Companies Alone

Insurance companies may attempt to reduce the value of a claim. It may be helpful to consult with an attorney before giving statements or discussing the matter with insurers.

Determine Who Can File a Claim

Florida law governs who may bring a wrongful death lawsuit. In Florida, the claim must be filed by the personal representative of the deceased person’s estate on behalf of the surviving family members and the estate.

Eligible survivors may include the surviving spouse, children, parents, and, in some cases, blood relatives or adoptive siblings who depended on the deceased for support or services. An attorney can help determine who qualifies as a survivor under Florida’s wrongful death laws.

Be Aware of the Statute of Limitations

Florida law establishes firm deadlines for filing a wrongful death claim. If a case is not filed within the applicable time frame, the ability to pursue legal action may be forfeited. For this reason, it is important to move quickly and understand the filing deadlines that could affect your case.

Consider the Financial and Emotional Impact

A wrongful death claim may permit surviving family members and the estate to pursue compensation for both the financial and personal losses associated with the death. Potential damages may include medical bills related to the final injury, funeral and burial expenses, lost financial contributions or household services, and the loss of companionship, guidance, and protection.

An attorney can evaluate the details of the case to determine what economic and non-economic damages may be available under Florida law and how those damages may apply to the surviving family members and the estate.

Determining whether you may have a valid wrongful death claim depends on several key legal factors. Below are some of the considerations that may help determine whether a case exists.

Was there negligence or misconduct?

A wrongful death claim generally requires evidence that another person or organization acted negligently, recklessly, or wrongfully, and that this conduct contributed to the death. Situations that may give rise to a claim can include:

• Car accidents caused by reckless or distracted drivers
• Medical malpractice resulting from a healthcare provider’s mistake
• Hazardous workplace conditions that lead to fatal incidents
• Criminal acts such as assault or homicide

Did the death result from that negligence?

There must be a clear link between the responsible party’s actions, or failure to act, and the death. For instance, if a doctor fails to diagnose a treatable illness and the patient later dies from that condition, the missed diagnosis may potentially support a wrongful death claim.

Do you have legal standing?

Only certain individuals are permitted to file a wrongful death lawsuit, and who qualifies is determined by state law. In many situations, the case is filed by the personal representative of the deceased person’s estate on behalf of the surviving family members.

Potential beneficiaries may include a surviving spouse, children, parents, or other relatives who relied on the deceased for financial support, depending on the applicable laws.

Are there recoverable damages?

A wrongful death claim must involve losses that are recognized under the law. These damages may include:

• Medical bills related to the final injury
• Funeral and burial expenses
• Loss of financial support, including expected future income and benefits
• Loss of companionship, care, guidance, and support

The specific types of damages that may be available depend on state law and the particular circumstances surrounding the death.

Is the claim within the statute of limitations?

Each state sets a deadline for filing wrongful death lawsuits. If a claim is not filed within that time period, the right to pursue legal action may be lost.

Florida law outlines who is authorized to pursue a wrongful death claim. Under the state’s Wrongful Death Act, the lawsuit must be brought by the personal representative of the deceased person’s estate.

The personal representative files the case on behalf of both the estate and the surviving family members. Eligible survivors may include a spouse, children, parents, and in some situations, other relatives who relied on the deceased for financial support.

If a personal representative has not yet been designated, the probate court may appoint one to move forward with the claim on behalf of the estate and any qualifying survivors.

Florida law establishes strict deadlines for filing a wrongful death claim. In most cases, the time period begins on the date of the person’s death, although certain circumstances may influence how the deadline is calculated.

Different timing rules may apply in situations involving:

• Medical malpractice
• Claims filed against government agencies or entities
• Circumstances where the cause of death was discovered later

Because these deadlines are strictly applied and missing them may permanently bar a claim, it is important to take action as soon as possible to preserve your legal rights.

A wrongful death lawsuit and a criminal case can sometimes arise from the same event, but they have different purposes and operate under different legal standards.

Purpose

• Wrongful death lawsuit (civil case): In Florida, a wrongful death claim is typically filed by the personal representative of the deceased person’s estate on behalf of the surviving family members and the estate. The goal is to pursue financial compensation for losses related to the death, such as medical bills, funeral expenses, and the loss of financial support.
• Criminal case: A criminal case is initiated by the government when a person is accused of violating criminal law. The objective is to impose penalties, which may include incarceration, fines, or probation.

Burden of Proof

• Civil case: The plaintiff must establish liability by a preponderance of the evidence, meaning it is more likely than not that the defendant caused the harm.
• Criminal case: Prosecutors must prove guilt beyond a reasonable doubt, which is a significantly higher standard.

Who Brings the Case

• Civil case: Filed by the personal representative of the deceased person’s estate on behalf of the estate and surviving family members under Florida law.
• Criminal case: Brought by government prosecutors representing the state.

Possible Outcomes

• Civil case: May lead to an award of financial compensation for the surviving family members or the estate.
• Criminal case: May result in criminal penalties, such as jail or prison time, fines, or probation.

Can both happen at the same time?

Yes. A civil wrongful death claim can move forward independently of any criminal charges related to the same incident.

A wrongful death lawsuit and a survival action are both legal claims that can arise when a person dies due to another party’s negligence. However, they address different types of losses and serve distinct purposes.

Wrongful death lawsuit

A wrongful death claim focuses on the losses experienced by surviving family members after the death. These damages may include funeral and burial expenses, the loss of financial support, and the loss of companionship or services, depending on the applicable state law. In essence, the claim centers on how the death impacts the surviving beneficiaries.

Survival action

A survival action is filed on behalf of the deceased person’s estate. It seeks compensation for damages the individual could have pursued if they had lived. These damages may include medical bills, lost wages, or other losses that occurred between the time of the injury and the person’s death.

Key difference

The primary distinction involves timing and purpose. Wrongful death claims address the losses suffered by surviving family members after the death, while survival actions seek compensation for the harm the deceased experienced before passing away. In some cases, both claims may be brought at the same time.

In a wrongful death case, compensation, referred to as damages, is meant to address the losses experienced by surviving family members and the estate after a death. The specific damages that may be recovered depend on Florida law and the particular circumstances of the case.

Under Florida’s Wrongful Death Act, potential damages may include:

Economic losses

• Medical bills associated with the final injury or illness
• Funeral and burial expenses
• Loss of financial support and services that the deceased would have provided
• Loss of prospective net accumulations to the estate in certain situations

Non-economic losses

• Loss of companionship, protection, and emotional support for a surviving spouse
• Loss of parental companionship, instruction, and guidance for minor children
• Mental pain and suffering experienced by eligible surviving family members

In cases involving especially reckless or intentional behavior, punitive damages may also be available under Florida law.

Because each wrongful death claim involves different facts, an attorney can review the situation to help determine the types of damages that may apply based on the circumstances surrounding the loss.

Proving liability in a wrongful death case generally involves demonstrating that the defendant’s actions, or failure to act, legally led to the death. Although these cases may involve complicated circumstances, they often center on whether the defendant acted negligently, recklessly, or intentionally.

Establishing Negligence

In many wrongful death claims, the plaintiff, usually the personal representative of the estate acting on behalf of surviving family members, must show that the defendant did not exercise reasonable care.

To prove negligence, four key elements are typically required:

• Duty of care: The defendant had a legal responsibility to act with reasonable care toward the deceased. For example, drivers are expected to operate vehicles safely, and healthcare providers must deliver competent medical treatment.
• Breach of duty: The defendant failed to uphold that standard of care.
• Causation: The breach of duty was a significant factor that led to the death.
• Damages: The death caused legally recognized losses for the surviving family members or the estate.

Intentional or Reckless Conduct

In some situations, liability may be based on intentional actions or reckless disregard for safety rather than simple negligence. Even in these cases, the plaintiff must still show that the defendant’s conduct directly caused the death.

Evidence Used to Prove Liability

Establishing responsibility often requires gathering and analyzing different types of evidence, which may include:

• Medical records
• Eyewitness testimony
• Expert analysis, such as medical experts or accident reconstruction specialists
• Police or incident reports
• Photographs or surveillance footage
• Addressing Potential Defenses

Defendants may argue that the deceased was partially responsible for the incident. Depending on state law, shared fault can reduce or limit the amount of compensation that may be recovered. Strong evidence and effective legal advocacy are often essential to addressing these defenses.

Why Legal Guidance Matters

Wrongful death cases frequently involve complex circumstances, multiple potentially responsible parties, and substantial financial consequences. An experienced attorney can examine the incident, secure and preserve key evidence, consult with qualified experts, and develop a case designed to demonstrate liability under the relevant state law.

In a wrongful death case, an expert witness may be called upon to clarify technical or specialized matters that fall outside the typical understanding of a jury. Their purpose is to offer professional insight that can help support the plaintiff’s position or challenge the defense’s claims. These witnesses are often professionals with expertise in fields relevant to the case, such as medicine, accident reconstruction, or economics.

For example, a medical expert may explain the cause of death, the severity of the injuries, and how the defendant’s actions may have contributed to the fatal outcome. Likewise, an accident reconstruction expert may analyze the available evidence to demonstrate how an accident occurred and whether the defendant’s behavior played a role. By providing professional opinions based on their expertise, these witnesses help the jury better understand complex issues and make more informed decisions.

Yes. Insurance often plays an important role in wrongful death claims. In many cases, the person or entity responsible for the death may have insurance coverage that could help compensate surviving family members for their losses. Insurance may be involved in several ways:

Defendant’s Liability Insurance

If the defendant has liability insurance, for example, in a car accident or workplace incident, their policy may cover damages awarded in a wrongful death claim. The insurance company typically handles the defense and may offer a settlement to resolve the case before trial.

Life Insurance

If the deceased had a life insurance policy in place, the named beneficiaries, such as a spouse, children, or other dependents, may be entitled to receive death benefits. These payments are separate from a wrongful death claim but may provide additional financial support to the family.

Employer or Workers’ Compensation Insurance

If the fatal incident occurred in the workplace, the employer’s workers’ compensation insurance may cover certain costs. However, workers’ compensation benefits generally do not include non-economic damages, such as pain and suffering. In some cases, a separate claim against a third party may be possible if another party’s negligence played a role in the death.

Insurance Settlements

Insurance companies often attempt to resolve wrongful death claims through settlements before a case goes to trial. A settlement may provide compensation for losses such as medical expenses, funeral costs, and lost income.

Insurance coverage can play a significant role in wrongful death cases, whether through liability insurance, life insurance, or workers’ compensation benefits. However, policies do not always cover every type of damage, and the amount available will depend on the specific circumstances of the case.

It is also important to understand that insurance companies may work to limit the amount they pay. Having legal representation can help ensure the claim is evaluated fairly and that the family’s rights are protected.

Hiring a lawyer is not legally required to file a wrongful death claim, but having legal representation is often beneficial. These cases can involve complicated legal procedures, evidence collection, and negotiations with insurance companies or other responsible parties.

Florida’s wrongful death laws also contain specific provisions about who can bring a claim, the types of damages that may be recovered, and the time limits for filing a case. An attorney can help make sure the claim is properly prepared and submitted within the applicable deadlines.

Proving that negligence or wrongful conduct led to the death usually requires significant evidence, which may include accident reports, medical records, expert opinions, and witness testimony. An experienced attorney can assist with gathering and presenting this information to support the case.

Insurance companies may try to limit the amount they pay or dispute responsibility entirely. In some cases, families may feel pressure to accept settlement offers that do not fully account for their losses. An attorney can handle negotiations with insurers and pursue compensation that more closely reflects the damages involved.

If a settlement cannot be reached, the case may proceed to trial. Litigation can involve preparing legal filings, presenting evidence, and making arguments before a judge or jury. An attorney can oversee these steps and advocate for the rights and interests of surviving family members throughout the legal process.

Morgan & Morgan’s attorneys work on a contingency fee basis, which means there are no upfront fees or expenses to start your case. In other words, the Fee Is Free™; you only pay if we win.

If your case is successful, our fee is typically a percentage of the settlement or verdict. This arrangement aligns our interests with yours and motivates us to pursue the best possible outcome for your case.

We value open communication with our clients. Most updates and questions are handled through your Case Manager by phone or email. If you would like to speak directly with your attorney by phone, we can arrange that by scheduling a call.

When you choose Morgan & Morgan, you’re supported by the resources of the largest personal injury law firm in the country, with more than 1,000 attorneys and offices across all 50 states and Washington, D.C.

Your case will be handled by a dedicated team that may include personal injury attorneys, paralegals, and other support professionals. A lead attorney will manage the case and direct the overall legal strategy, while the broader team helps keep you informed and provides support throughout the process.

Morgan & Morgan’s attorneys have represented many families facing similar circumstances and have helped recover significant compensation on their behalf. As the largest personal injury law firm in the country, with offices across the United States, the firm has the resources, experience, and commitment needed to pursue justice for those affected by negligence.

The firm works on a contingency fee basis, which means there are no upfront costs, and payment is only required if a recovery is obtained. Morgan & Morgan believes access to justice should not depend on financial circumstances, which is why the firm operates under the Fee Is Free® promise, which means you only pay if compensation is recovered.

With strong roots in Florida, the firm is familiar with local courts, judges, and insurance practices. Morgan & Morgan has recovered billions of dollars for clients nationwide and has the capacity to take on large corporations, hospitals, and insurance companies.

Losing a loved one due to someone else’s negligence can place a heavy burden on a family. If your family has experienced this type of loss, contacting Morgan & Morgan’s Pensacola team for a free case evaluation may help you better understand your legal options.