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Pensacola Wrongful Death Attorney

wrongful death

If you have lost a loved one due to somebody else’s negligence, your family could have a wrongful death claim. While no amount of money can bring your loved one back, a successful wrongful death claim can compensate you for the financial consequences of their passing and hold those responsible for your loved one’s death to account. At Cardoso Law, PLLC, we want to help you pursue the justice that you and your departed loved one deserve.

When you hire us to handle your family’s wrongful death case, we will repay your trust with compassion, hard work, and dedication to your needs – the qualities that have helped us secure millions of dollars on behalf of our clients. We can review your case for free during an initial consultation, explain your options in detail, and pursue your claim all the way to trial if necessary. And because we take our fee from whatever compensation we can recover on your behalf, you won’t pay us anything upfront to secure our services.

You and your family deserve accountability and justice. Let our Pensacola personal injury lawyers help you pursue it. Contact Cardoso Law, PLLC, today to discuss your case for free with a wrongful death lawyer in Pensacola, FL.

Who Can File a Wrongful Death Lawsuit in Pensacola?

Under Florida Statute §768.20, only the personal representative for the decedent (the decedent is the loved one who died) may file a wrongful death claim. A personal representative typically refers to the executor or administrator of a decedent’s estate. The personal representative pursues the wrongful death claim on behalf of, and to recover compensation for, a decedent’s survivors and the decedent’s estate. If your loved one had a valid will at the time of their death, this document should name their personal representative. If they did not, the courts will appoint one on behalf of their estate.

Common Causes of Wrongful Death

The Pensacola wrongful death law firm of Cardoso Law, PLLC, helps families demand accountability from those responsible for their loved one’s death in accidents such as:

  • Premises liability accidents
  • Sports and recreation accident
  • Unsafe product accidents
  • Assault and battery
  • Medical malpractice
  • Nursing home abuse

What Do You Have to Prove in a Wrongful Death Case?

To win a wrongful death case, you must show that another party’s actions or failure to act caused your loved one to die.

Many wrongful death cases stem from accidents that would have given rise to a personal injury claim if the accident victim had survived their injuries, such as traffic collisions. If your loved one died in such an accident, you must prove that the at-fault party’s careless acts caused the accident and your loved one’s death.

A wrongful death case can also arise from intentionally inflicted fatal injuries. You can pursue a wrongful death claim even if the person who fatally injured your loved one is not arrested, charged, or convicted of a crime. A criminal conviction requires proof beyond a reasonable doubt. In contrast, a wrongful death case only requires that you prove the at-fault party’s liability by a preponderance of the evidence. In other words, you must show that it was more likely than not that the at-fault party caused your loved one’s death.

Finally, to recover compensation in a wrongful death case, you must establish what financial or personal losses your family or your loved one’s estate has incurred because of their death. These losses could include income they can no longer learn, the cost of medical treatment necessitated by their injury, and the emotional losses you have incurred because of their death.

person about to be hit by car

Recoverable Compensation in a Wrongful Death Claim

A wrongful death claim can provide your family with financial compensation for the losses that you have incurred due to your loved one’s death, including for:

  • Loss of the financial support and household services that your loved one provided
  • Loss of your loved one’s care, companionship, affection, advice, and guidance
  • Emotional pain and suffering experienced by surviving family members
  • Medical expenses that your family paid to treat your loved one’s final injury or illness
  • Funeral and burial expenses paid by your family

Your loved one’s estate can also recover compensation for expenses and losses that your loved one or their estate incurred before their passing, such as:

  • Lost wages or income that your loved one incurred between the date of their injury to the date of their death
  • Loss of future earnings, benefits, and increased value of assets that your loved one could have earned if they had survived their injury
  • Medical expenses that your loved one paid toward their final injury or illness

How Are Wrongful Death Settlements Paid Out?

Wrongful death settlements are paid in one of two ways. One is as a lump sum settlement, where the decedent’s beneficiaries receive compensation in a single payment. The other is as a structured settlement.

A structured settlement splits compensation into multiple payments made on a monthly, quarterly, or annual basis until your family receives the total value of the settlement. Although families may want to receive compensation upfront in a lump sum settlement, structured settlements may lead to families recovering a larger amount of compensation; this is because liable parties can spread the cost of the settlement over time.

A Florida wrongful death lawyer can advise you on what settlement terms best serve your family’s and beneficiaries’ goals and interests.

What Is the Florida Wrongful Death Statute of Limitations?

client with attorney

The Florida statute of limitations on wrongful death claims typically gives you two years from the decedent’s passing to file a lawsuit against the party or parties at fault. If you have a wrongful death claim against the state or a local government, state law also requires you to provide the relevant government agency with a claim notice.

Note that the statute of limitations does not apply to wrongful death claims arising from murder or manslaughter. Such wrongful death claims may be filed at any time, even if the at-fault party is not arrested, charged, or convicted of murder or manslaughter.

If a wrongful death claim subject to the statute of limitations is filed in court after the limitations period has expired, the court can dismiss the case as untimely. For this reason, you should speak with a Pensacola wrongful death lawyer from Cardoso Law, PLLC, as soon as possible so that your family can timely file your wrongful death claim.

How a Pensacola Wrongful Death Attorney Can Help You

After the sudden loss of a loved one, you and your family should have the time and space to grieve. A Pensacola wrongful death attorney from Cardoso Law, PLLC, can handle the process of preparing and pursuing your family’s legal claims while your family heals and moves forward. Trust us to work tirelessly to recover the compensation and justice that your family deserves by:

  • Investigating the facts and circumstances of the accident that led to your loved one’s passing and recovering evidence we can use to build your family’s case.
  • Identifying the parties who caused your loved one’s death or who can be held liable to compensate your family for your loss.
  • Documenting the financial expenses and losses that your family or your loved one’s estate have suffered.
  • Preparing a persuasive argument supporting your family’s right to recover compensation for your emotional pain and loss of your loved one’s companionship.
  • Preparing and filing legal or insurance claims to begin the process of pursuing financial recovery for your family.
  • Vigorously pursuing a fair and full settlement in your family’s case, or going to court and trial if liable parties and insurers refuse to agree to pay you the financial recovery you deserve.

Contact Our Pensacola Wrongful Death Law Firm

Contact Our Pensacola Wrongful Death Law Firm

If you have lost a loved one, Cardoso Law, PLLC, extends you our deepest sympathies. Depending on the circumstances of their passing, we could also help you seek justice and accountability on their behalf. We strongly believe that you should not bear the financial consequences of someone else’s wrongful actions and that you and your loved one deserve justice from the parties responsible for their death.

Our lawyers serve clients throughout the Pensacola-Ferry Pass-Brent Metro Area, the Emerald Coast, and the Florida Panhandle. Our case reviews are free, and we do not charge any fees unless we secure compensation for you first. That way, there is no financial cost to pursuing the justice and accountability you need during this difficult time.

We are here to discuss how our Pensacola wrongful death law firm can provide your family with the compassionate legal representation you need as you recover from losing a loved one. Contact us today for a no-obligation consultation.

Ryan Cardoso