Who Can Sue for Wrongful Death in Pensacola?
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 Pensacola, Florida 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 the decedent was a mother, any children born out of wedlock
- If the 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 since they were harmed by the decedent’s death.
Damages that can be Recovered in a Florida 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 may be recovered for financial losses, emotional support, or pain and suffering. Our experienced Pensacola wrongful death lawyers will explain.
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
What is the Florida Wrongful Death 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 wrongful death attorney in Pensacola, FL as soon as possible.
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.
If you have lost a loved one due to the negligence of another, call our wrongful death attorneys in Pensacola today toll-free for a free consultation. If you prefer, you may fill out our contact form and a representative from our office will be in contact with you shortly