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Have you lost a loved one to WRONGFUL DEATH? Get the strength and experience of one of the area's premiere law firms.
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Have You Lost a Loved One to Wrongful Death?

We are your Pensacola Wrongful Death Lawyers.

There is nothing more devastating than the wrongful death of a family member.

Matters are made even worse when the death causes mental and financial anguish to those who remain. A wrongful death lawsuit arises when a death is caused by the conduct or negligence of another party. However, it is unlike other suits in that the wrongful death victim’s family, rather than the victim, files the claim.

Who can sue for wrongful death in Florida?

In a wrongful death suit, surviving family members can bring a claim against the party who wrongfully caused the death of their loved one.

Under the Florida Wrongful Death Act, there is a specific list of loved ones who may sue. Some survivors may sue, regardless of whether they were dependent on the deceased person. In Florida, this includes the following parties:

  • Decedent’s spouse
  • Decedent’s children
  • Decedent’s parents

The goal of a wrongful death suit is to shift the losses of death from the family to the wrongdoer. Therefore, other family members may also sue if they were at least partly dependent on the person who passed away. This includes the following parties:

  • Decedent’s blood relatives
  • Decedent’s adoptive siblings
  • If decedent was a mother, any children born out of wedlock
  • If decedent was a father, children born out of wedlock only if the father had a recognized responsibility for the child’s support

These parties are permitted to recover damages because they were harmed by decedent’s death.

Damages that can be recovered in a wrongful death case

Several different types of damages are available in a wrongful death suit in Florida. The goal of these damages is to compensate the family for the loss of their loved one. Compensation can be for financial losses, emotional support, or pain and suffering.

Under the Florida Wrongful Death Act, the following types of damages may be available to the survivors of the deceased:

  • The value of lost support and services the family member used to receive from the decedent
  • The future loss of the decedent’s support and services
  • The surviving spouse’s loss of companionship and protection
  • The surviving spouse’s mental pain and suffering
  • Minor children of the decedent (or, if there is no surviving parent, all children of the decedent) may receive damages for lost parental companionship, instruction, and guidance
  • Minor children of the decedent (or, if there is no surviving parent, all children of the decedent) may receive damages for mental pain and suffering
  • Parents of deceased minor children may receive mental pain and suffering damages
  • Parents of deceased adult children may receive mental pain and suffering damages if the decedent had no other survivors
  • Medical or funeral expenses

Florida also allows the decedent’s estate to recover damages. The damages available to the estate may include:

  • Loss of earnings and loss of what would have reasonably been the decedent’s future earnings
  • Loss of earnings the estate could have made if the decedent had survived
  • Medical and funeral expenses that may have been charged to the estate

Statute of limitations

The statute of limitations for wrongful death in Florida is two years from the date of death. Although two years may seem like a long time, the truth is, when dealing with the death of a loved one, two years can go by in the blink of an eye.

This short time period makes it critical that you contact an experienced attorney in Florida as soon as you believe you have a wrongful death claim.

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Experienced Wrongful Death Attorneys

A wrongful death suit can provide relief to family members who have been injured emotionally and financially as a result of the death.

At Emmanuel Sheppard & Condon, we have a whole team of dedicated lawyers with the knowledge and experience to successfully handle your case. The damages recovered do not include damages that are personal to the decedent, since the decedent is not allowed to recover for pain and suffering, mental stress, etc.

Call the Wrongful Death Attorneys at Emmanuel Sheppard & Condon Today

If you have lost a loved one due to the negligence of another, call us today toll-free at (850) 444-HURT (4878) for a free consultation. If you prefer, you may complete the requested information on our contact form and a representative from our office will be in contact with you shortly.

Learn more about filing a wrongful death claim in our Personal Injury Frequently Asked Questions.

Pensacola personal injury lawyers of Emmanuel Sheppard & Condon

“Mr. Todd, What you did was the most wonderful thing to happen to my family in a long time. You helped us get on our feet again and for that you have my heartfelt ‘thanks.’ You and Kathy have special meaning to me and my family. All the best to both of you.”
– Valerie G.

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