Do I Have a Legitimate Wrongful Death Claim? A Pensacola Personal Injury Lawyer Explains the Requirements
A wrongful death lawsuit will not bring back a loved one lost to an untimely death, but a wrongful death claim can provide closure, a sense of justice, and compensation to make up for some of the support you have lost. A Pensacola personal injury lawyer experienced at handling wrongful death cases could review your circumstances to determine whether you have a legitimate claim. Each situation is different, but here are some guidelines for determining whether a wrongful death lawsuit has the potential for success.
The Right People Must Bring Wrongful Death Claims
The death of a loved one often affects many people, but Florida law only allows certain individuals to seek compensation through a wrongful death claim. A Pensacola personal injury lawyer can file a wrongful death lawsuit on behalf of the deceased person’s “personal representative.” This is a person legally designated to handle the deceased person’s financial affairs after death. If a personal representative is not named in a will or estate plan, the court will name someone to the position.
The wrongful death claim will seek damages for the survivors and estate of the deceased. Generally, the family members who may receive damages include spouses, parents, and children. Other relatives who can prove they depended on the deceased for support may also qualify.
A Pensacola Personal Injury Lawyer Will Work to Prove a Death Was “Wrongful”
Under Section 768.19 of the Florida code, a death can be considered wrongful and provide grounds for a wrongful death claim if it is caused by:
- Wrongful act
- Breach of contract
- Breach of warranty
Essentially, a wrongful death claim allows family members to assert the rights the deceased person could have pursued for personal injuries if they had survived.
In many wrongful death cases, a personal injury lawyer in Pensacola demonstrates that another person’s negligence led to the untimely death. A person may be considered legally negligent when they owe a duty of care to someone, they fail to live up to their obligation, and that failure causes injuries or death.
For instance, a truck driver owes a duty of care to others on the road. If they drive in an unsafe manner, such as at a speed that is too fast for conditions, and their excess speed causes a truck accident, they may be liable for the injuries that result. The employer may also be held responsible.
Contact a Pensacola Personal Injury Lawyer for a Review of Your Wrongful Death Claim
Family members can receive damages to cover the loss of support, guidance, and companionship. They may also receive amounts to make up for services provided by the deceased and medical or funeral expenses.
A dedicated Pensacola personal injury lawyer at our firm who understands wrongful death claims will evaluate your case to determine whether you have a legitimate claim for damages. To talk to an attorney on our team now, call 888-549-7011 or reach out to us online.