Wrongful Death Attorney in Pensacola, Florida

The unexpected death of a loved one can cause immeasurable grief and pain to surviving family members, leaving them with emotional turmoil and financial hardships for years to come.

If someone else is responsible for causing a loved one’s death due to their negligent, careless, or intentional conduct, surviving family members might be entitled to compensation by pursuing a wrongful death claim.

David Lee Sellers understands the challenges families face when a loved one dies as a result of someone else’s negligence or unlawful conduct. His firm, David Lee Sellers, PA, handles personal injury and wrongful death cases in Pensacola, Florida, and surrounding areas, including Milton, Fort Walton Beach, and Crestview.

Why File a Wrongful Death Claim?

While filing a wrongful death claim will not bring a loved one back to the family, it allows surviving family members to obtain closure and justice. Suing for wrongful death also allows the family to hold the at-fault party responsible for the death of their loved one so that other families do not have to endure a similar loss.

The loss of a loved one may leave surviving family members with significant financial hardships. Filing a wrongful death claim allows the family to obtain compensation for some of their expenses and losses associated with a loved one’s death.

What Constitutes Wrongful Death in Florida?

Florida law defines the term “wrongful death” as a person’s death caused by someone else’s negligent conduct, wrongful act, default, or breach of contract. Often, wrongful death claims arise as a result of the following:

• Negligence-based accidents, including motor vehicle accidents

• The use of defective products

• Medical malpractice

• Intentional acts (e.g., murder)

In Florida, wrongful death lawsuits must be brought within two years from the date of the death. This is known as the statute of limitations. Failure to pursue a wrongful death claim before the deadline expires may result in the loss of the right to sue the liable party for the death.

Who Can Bring a Wrongful
Death Claim in Florida?

Under Florida law, the right to file a wrongful death claim depends on whether or not the deceased person had a last will and testament. If the decedent left behind a will, the person named as the personal representative of the deceased person’s estate would have the right to bring a wrongful death lawsuit on behalf of the decedent’s family.

However, if the decedent died without a will, the personal representative would be appointed by the court. While wrongful death claims are filed by personal representatives, the recoverable damages are meant to compensate the surviving family members, including the decedent’s:

• Surviving spouse

• Minor or adult children

• Parents

• Siblings and other blood relatives when there are no other survivors

Damages Available in Florida
Wrongful Death Cases

While no money in the world is enough to compensate the family for the tragic loss of their loved one, filing a wrongful death claim allows the surviving family members to seek compensation for:

• Emotional distress

• Funeral and burial expenses

• Medical expenses incurred prior to the loved one’s death

• Loss of companionship

• Loss of support and services

• Loss of income

Under Florida law, punitive damages may also be available if the victim died because of someone else’s gross negligence or intentional misconduct. Florida law caps punitive damages to $500,000 or three times the amount of compensatory damages, whichever is greater.