If you’re grieving the unexpected death of a family member because of a recent accident in Pensacola, Florida, don’t hesitate to call Gross & Schuster Injury Lawyers. You have rights under Florida state law, including the ability to pursue monetary damages from the person responsible for your tragic loss. Our award-winning Pensacola wrongful death lawyers are here to help you make the most of your fight for justice.
Since 1981, we have been unwavering advocates for grieving families in Pensacola and throughout Northwest Florida. Backed by over 75 years of collective experience, our top-rated team of attorneys has successfully won millions of dollars from negligent motorists, manufacturers, employers, insurance companies, and government agencies.
Someone’s carelessness has turned your world on its head. Our experienced Florida trial attorneys are here to help you make things right. Call our law office in Pensacola, FL, today to discuss the details of your wrongful death case at (850) 434-3333. Your initial case evaluation is absolutely free.
How Gross & Schuster Injury Lawyers Advocates For Families After Fatal Accidents in Pensacola, FL
What caused your loved one’s tragic and untimely death? Who can be held legally responsible for the costs of their funeral and the financial repercussions their death has had on your life? What evidence will you need to prove your case? How can you be sure that the insurance company’s settlement offer is fair?
These aren’t the kinds of questions you should have to deal with right now. Instead, you need time to pick up the pieces of your life and figure out how to move forward. That’s why you shouldn’t hesitate to call our Pensacola personal injury lawyers for help.
At Gross & Schuster Injury Lawyers, we understand that you’re going through an unimaginably difficult time. We also know that while money won’t bring your family member back to you, it can alleviate much of the stress you’re feeling right now.
We’re prepared to invest the full force of our personal injury law firm into your wrongful death case.
Focus on yourself and trust us to handle the rest; we will:
- Carefully investigate your loved one’s death to determine precisely why it happened, how it could have been prevented, and who’s at fault
- Assess any evidence we’re successful in obtaining, which might include accident reports, surveillance footage, maintenance and inspection records, witness testimony, and forensics reports
- Hire expert witnesses to collaborate throughout the claims process, particularly as we calculate what your wrongful death claim is worth
- File your complaint with the local Escambia County court clerk and/or the at-fault party’s insurance carrier
- Actively pursue a settlement agreement that makes you whole and compensates for the crippling distress you’ve experienced
- Force the defense to go up against one of our Board Certified civil trial specialists in court if they refuse to take responsibility for your family member’s fatal accident
There’s a reason we’re recognized as leaders in personal injury litigation by the Florida Bar, the Multi-Million Dollar Advocates Forum, and Martindale-Hubbell. We strive to make a difference in the lives of every family we represent, and our results are a testament to our unwavering support of their rights.
Our contingency fee representation means it will cost you nothing to hire our wrongful death attorneys in Pensacola unless our law firm wins your case. Call us to get started today. Your first consultation is free.
How Does Florida Law Define Wrongful Death?
Generally speaking, wrongful death means the death of a person caused by the negligence, wrongful act, default, or breach of contract/warranty of any person.
In Florida, a wrongful death lawsuit can be raised if the incident would have entitled the victim to bring an action and recover damages if death had not ensued.
In other words, a wrongful death claim can exist when a victim of an accident or act of violence would have had the right to file a lawsuit if they’d survived. Since their injuries were fatal, the right to take legal action shifts to another party.
Who Has the Right to File a Wrongful Death Action in Florida?
As explained in Fla. Stat. Section 768.20, only the personal representative of the victim’s estate is empowered to initiate a wrongful death lawsuit.
The personal representative is named in the victim’s will as the executor/executrix or appointed by a judge. Typically, the representative is a close friend or family member or a personal injury attorney in Pensacola.
Damages awarded in the lawsuit are then distributed to the estate and/or directly to surviving heirs, including the victim’s spouse, child(ren), and/or parent(s).
We Handle All Types of Wrongful Death Cases in Pensacola
At Gross & Schuster Injury Lawyers, we have decades of combined experience advocating for families who’ve lost close family members as a result of:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Bus accidents
- Boating accidents
- Slip and fall accidents
- Dog bites
- Matters of premises liability
- Assault
- Sexual assault
- Product liability
- Medical malpractice
- Birth injuries
- Workplace accidents
- Construction accidents
If you believe your family member’s death was the result of an avoidable act of negligence, criminal activity, an unreasonably unsafe product, or intentionally harmful actions, call our wrongful death lawyers in Pensacola to discuss your rights.
What Damages Can Be Awarded in a Florida Wrongful Death Case?
When a personal representative files a wrongful death lawsuit in an Escambia County court, damages can be awarded to surviving family members and/or the victim’s estate.
Damages include both economic awards (for verified and/or projected financial losses) and non-economic awards (or harder-to-value consequences).
Surviving family members can receive compensation for:
- Pain and suffering
- A child’s loss of parental companionship, guidance, and instruction
- A spouse’s loss of consortium
- Costs paid out of pocket by the family, including funeral and medical expenses
- The present and future value of lost wages, support, and benefits provided by the victim
- The value of household services provided by the victim, particularly in cases where they were a stay-at-home parent
The victim’s estate can be compensated for damages the victim would have been able to recover if they’d survived, including:
- The value of wages and benefits the victim earned between the date they were injured and the time they succumbed to their fatal wounds
- Medical or funeral expenses paid by the estate
- Loss of prospective earnings of the victim’s estate
If a wrongful death dispute goes to a Pensacola jury, punitive damages can potentially be awarded, too. Pursuant to Florida state law, punitive damages are appropriate when there is convincing evidence that the defendant was personally guilty of gross negligence or intentional misconduct.
Punitive damages are awarded when a car accident is caused by a drunk driver, a company intentionally conceals risks of using a product, or when a criminal act is fatal.
Does Florida’s Comparative Fault Statute Apply to Matters of Wrongful Death?
Yes. Florida’s modified comparative negligence statute applies to personal injury cases involving shared fault, including matters of wrongful death.
In other types of personal injury claims, a plaintiff’s shared responsibility adversely affects their ability to recover compensation. Sharing 51 percent or more of the blame for an accident is an automatic bar to recovery. Damages are reduced proportionately to fault when liability is less than 51 percent.
In wrongful death cases, the victim’s shared responsibility is taken into consideration. Let’s say your spouse was killed in a Pensacola truck accident. Your damages are valued at $1 million. However, your spouse is assigned 20 percent of the blame for the deadly 18-wheeler accident because they were speeding. As a result, the most you can be awarded in a related wrongful death claim is $800,000.
Our Pensacola wrongful death attorneys will fiercely defend your loved one’s good name and fight back against any attempts to blame them for their fatal injuries. The less liability they’re assigned, the more money your family can potentially walk away with when your wrongful death claim is resolved.
How Long Will I Have to File a Wrongful Death Claim After the Death of a Family Member in Florida?
In Florida, the personal representative of a victim’s estate has two years from the date of death to file a lawsuit.
Florida’s statute of limitations only has a few limited exceptions. If you miss the filing deadline, you will have lost the right to seek monetary justice for your loved one’s all-too-early death.
Schedule a Free Consultation With an Experienced Pensacola Wrongful Death Lawyer
Don’t struggle with the consequences of an unexpected death of a family member on your own. Contact Gross & Schuster Injury Lawyers, and discover how our award-winning legal team can help you demand rightful compensation from those at fault.
Our Pensacola personal injury attorneys are here to invest 75 years of combined experience and unrivaled resources into your wrongful death dispute. Let us take on the insurance company and other defendants. You focus on figuring out how to continue forward.
We provide a free initial case evaluation to all prospective clients. Don’t hesitate to reach out to our compassionate legal team in Pensacola to discuss the details of your case today. We’re always available to take your call.