Filing a Pensacola Wrongful Death Action

Overwhelming is an understatement for what it feels like to suddenly lose a close family member through an accident caused by a third party’s negligence. Between your grief and the unexpected financial burden, it can be hard to even think about adding civil litigation to your plate, let alone make the most of a wrongful death action filed so soon after your loved one’s wrongful death.

If you are considering filing a Pensacola wrongful death action, you will benefit from consulting a compassionate lawyer from Emmanuel Sheppard & Condon. With that said, it can also be helpful to know some of the basics about how this type of claim works before formally starting one. Below is a brief overview of what starting a wrongful death lawsuit entails and what our team of professionals can do to help you through it.

Rules for Starting a Wrongful Death Lawsuit

Florida is one of many states that only allow the personal representative for the decedent—usually someone nominated in such in the decedent’s will or nominated by a court in the absence of such instructions—to file a wrongful death action. This personal representative acts on behalf of and may seek restitution for losses sustained by the decedent’s surviving family members in the following priority order:

1. The decedent’s surviving spouse
2. The decedent’s surviving child(ren)
3. The decedent’s surviving parent(s), if the decedent was a minor at the time of their death
4. Any siblings or other blood relatives who were financially dependent on the decedent at the time of their death

From the day of the decedent’s death, the personal representative has two years to file suit for wrongful death in Pensacola, or else they and all surviving family members will be time-barred under the statute of limitations from ever seeking civil compensation.

How to Prepare for the Litigation Process

There are two main things to consider when preparing to file a wrongful death lawsuit in Pensacola:

• How to prove someone else was responsible for causing your loved one’s death
• How to prove that you suffered specific compensable damages as a result of their death

Both claims may require extensive evidence from multiple sources, not all of which may be easily accessible by the time the legal process gets going.

With that in mind, it can be vital to collect and preserve as much information as possible related to your family member’s accident before anyone files a wrongful death action in their name, especially things like:

• Medical records for treatment the decedent received after being injured and before their death
• Photos, video recordings, and other documentation of the scene of a fatal accident and, ideally of the accident actually happening
• Contact information for witnesses to the fatal accident
• Pay stubs, tax returns, and other documents to establish lost financial support
• Diaries, journals, contemporaneous notes, and other written accounts of how your loved one’s death has affected you and other family members psychologically

Our skilled legal team can then help organize and effectively present this information as part of a comprehensive demand for compensation.

A Pensacola Attorney Can Assist With Filing a Wrongful Death Action

Filing a Pensacola wrongful death action can be stressful and confusing, especially if you have little experience with civil litigation. Help is available from seasoned legal professionals who understand what you are going through and can guide you through every step of your legal proceedings.

A private consultation with a lawyer from Emmanuel Sheppard & Condon can give you answers to your questions and confidence about how best to enforce your family’s rights. Schedule a meeting by calling today.