Wrongful Death

Wrongful Death

A life of a loved one is abruptly taken away due to an act of negligence or an unfortunate accident is not just a nightmare; it is a devastating reality that many residents face each year. Such tragic incidents, termed ‘wrongful death’, leave the survivors grappling with grief, loss, and often, significant financial burdens.

Dealing with the aftermath of such a catastrophe can be emotionally and legally challenging. Navigating complex legal procedures, understanding these laws, and fighting for fair compensation can seem like an uphill battle during this period of emotional distress. It’s a struggle that you should not have to face alone

The Morgan Law Group’s dedicated Pensacola wrongful death lawyer is here to guide you through this tumultuous journey, ensuring that justice is served, and your rights are upheld. We are here to shoulder your legal burdens so that you can focus on healing and remembering your loved one.

Common Pensacola Wrongful Death Cases

Wrongful death cases can arise from various scenarios, each presenting its unique complexities. Here are some of the most common types of cases:

• Medical Malpractice
  When healthcare professionals, hospitals, or other medical entities fail to provide the standard of care required, and a patient dies as a result, it can be grounds for a suit. This may include errors in diagnosis, treatment, aftercare, or health management.
• Workplace Accidents
  Some occupations involve inherent risks, but employers are responsible for ensuring the safety of their employees. Fatal accidents can occur in various work environments, such as construction sites, factories, or offshore drilling rigs.
• Product Liability
  If a person dies due to a defective or dangerous product, the manufacturers, distributors, or retailers of the product could be held responsible. This might involve anything from faulty car parts to dangerous pharmaceuticals.
• Premises Liability
  Property owners have a duty to maintain safe conditions on their premises. If a person dies due to hazardous conditions on someone else’s property, such as a slip and fall accident, the property owner can be held liable.
• Intentional Acts of Violence
  Unfortunately, deliberate acts of violence can also lead to cases. If a person dies as a result of an assault, the perpetrator can be held liable in a civil wrongful death suit, in addition to facing criminal charges.

In any of these scenarios, wrongful death attorneys have the experience and resources needed to investigate the incident, identify the responsible parties, and seek justice for the victims and their families.

Wrongful Death Laws in Pensacola, FL

Wrongful death cases are governed by the Wrongful Death Act, codified in Sections 768.16-768.26 of the Statutes. According to the Act, a wrongful death occurs when a person’s death is caused by “the wrongful act, negligence, default, or breach of contract” of any other person or entity.

One of the aspects of wrongful death law is that the claim is brought by the personal representative of the deceased person’s estate. While this representative is usually mentioned in the deceased person’s will or estate plan, if there isn’t one, the court can appoint this representative.

The personal representative files the lawsuit on behalf of the deceased person’s estate and any surviving family members. Law permits the spouse, children, and parents of the deceased, and any blood relative or adoptive sibling who was partly or wholly dependent on the deceased for support or services, to recover damages in a  lawsuit.

Statute of Limitation of  Pensacola Wrongful Death

The law imposes a strict time limit, or “statute of limitations,” on filing a wrongful death lawsuit. Under Statutes Section 95.11(4)(d), this time limit is 2 years from the date of the person’s death. However, in some cases, this period can be extended due to specific circumstances, such as if the cause of death was not discovered right away.

This rule highlights the urgency of contacting a wrongful death lawyer promptly after a loved one’s death. If a wrongful death lawsuit is not filed within the two-year window, you risk losing your right to hold the responsible party accountable and seek compensation.

Compensation for a Claim

In a lawsuit, compensation is typically referred to as “damages.” These damages aim to provide financial relief to the deceased person’s estate and surviving family members for their losses. Damages in a lawsuit can include:

• Medical and Funeral Expenses
  These damages cover the costs of any medical care the deceased person received related to the incident before their death, as well as the costs of funeral and burial services.
• Loss of Income and Support
  If the deceased person was a provider for the family, the lost wages and benefits they would have earned can be recovered. This also includes the loss of services, guidance, and support the deceased would have provided.
• Pain and Suffering
  Surviving family members, such as a spouse, children, or parents, may be awarded damages for mental pain and suffering from the date of the injury.
• Loss of Companionship and Protection
  Spouses and children may also recover damages for the loss of the deceased person’s companionship, protection, and guidance.

While no amount of money can replace your loved one, it can help alleviate financial burdens and provide a sense of justice.

Why You Need a Pensacola Wrongful Death Lawyer

A wrongful death lawyer plays a crucial role in navigating the complexities of wrongful death laws during the emotionally taxing period following a loved one’s death. They offer vital assistance in understanding the intricate legal statutes, conducting thorough investigations to prove liability, calculating the true extent of your damages to ensure just compensation, and negotiating assertively with insurance companies. Additionally, if a fair settlement cannot be reached, a wrongful death lawyer can adeptly represent your case in court.

Wrongful death in Pensacola is a serious matter, deserving of dedicated legal assistance. The Morgan Law Group is committed to ensuring justice for the deceased and compensation for grieving families. It’s time to turn your pursuit of justice into a powerful course of action. Contact The Morgan Law Group today; let us be the advocates you need in your wrongful death claim.