Who Can File a Wrongful Death Suit after a Pensacola Fatal Car Accident

A car accident can be life-changing, particularly when that accident results in the death of a loved one. In the aftermath, you may be left wondering who can file a wrongful death suit after a Pensacola fatal car accident. In Florida, the personal representative of the deceased victim’s estate is the only party who can legally file a wrongful death claim on their behalf. This can leave you with many additional questions that a Pensacola fatal car accident attorney can answer.

Causes of Wrongful Death in Car Accidents

Car accidents can be devastating on their own, but when they result in the death of a loved one, they are significant. Such accidents are caused by a variety of reasons, but some of the more common causes of death in car accidents include:

• Drunk driving. When drivers operate a motor vehicle while impaired, they lose their ability to accurately monitor speed, their reflexes slow, and their vision may be impaired.
• Distracted driving. Cell phones may be one of the highest forms of distracted driving, but they certainly aren’t the only reason drivers take their eyes off the road. Attending to a crying infant, gawking at other drivers, or even the direct sunlight through the windshield could all be reasons a driver is not fully attentive to the road.
• Driving recklessly. Disobeying posted road signs, such as speed limits, traffic control signs, and even ignoring construction zones, can all be forms of reckless driving. This puts other drivers on the road at significant risk of being involved in an accident.
• Vehicle defects. Proper vehicle maintenance is the responsibility of every driver. Failure to do so could result in a vehicle not working as intended. This could mean the brakes fail to function, a car loses control in the rain because of poor tire tread, or more.

These are just a few of the ways in which an accident could occur that could result in the death of another driver on the road.

Who Can File a Wrongful Death Suit in Pensacola?

Wrongful death laws in Florida allow the surviving family members of a deceased person to receive financial compensation for their losses. Typically, individuals can file a personal injury claim on their own behalf if they are harmed due to another party’s negligence. However, when negligence leads to a person’s death, it’s left to someone else to file a wrongful death claim on their behalf.

Pensacola requires any wrongful death claim to be filed by the personal representative of the deceased’s estate. This means that if the deceased victim’s representative for their estate is not their spouse, children, or other family member, the family must wait for the representative to file the wrongful death claim. Any settlement from the claim then goes through the estate and the instructions of the deceased’s will.

When you hire a wrongful death lawyer, their duty is to the deceased person’s estate. The wrongful death claim must identify all potential beneficiaries of the compensation award, including the estate itself if there are debts that must be settled. Each beneficiary also has the right to show how they were impacted by the loss of the deceased victim.

Wrongful death claims fall under civil law instead of criminal law. Wrongful death penalties typically only include providing financial compensation to the deceased’s estate or surviving family members and not punishments associated with a criminal conviction. As civil cases, wrongful death claims in Pensacola are typically processed by the Escambia County Courthouse, which is located at 190 W Government St, Pensacola, FL 32502.

When You May Hire a Wrongful Death Lawyer

There are many instances where you may hire a wrongful death lawyer because you wish to file a claim, whether you are a family member or the personal representative of the deceased’s estate. Generally, any event that may qualify as a personal injury accident due to another party’s negligence can warrant the consultation of a wrongful death lawyer.

Common types of potentially fatal accidents include medical malpractice injuries, product liability cases, and certain workplace incidents. Additionally, many motor vehicle collisions are unfortunately fatal. In 2023, Escambia County’s rate of car accident fatalities was 17 deaths per 100,000 people, 57 reported instances total. This rate was higher than the state average that year, 14.9 fatalities per 100,000 individuals.

FAQs

Who Can File a Wrongful Death Suit in Florida?

In Florida, only the personal representative of the deceased individual’s estate is legally able to file a wrongful death claim. This means whoever is named as the executor of the deceased’s will is allowed to file a wrongful death claim on the person’s behalf. Sometimes the executor is a member of the deceased’s family, such as a surviving spouse or child, but this is not always necessarily the case. If there is no personal representative, the court can appoint one.

What Damages Are Included in a Wrongful Death Case?

The damages that may be included within a wrongful death settlement in Florida typically include both economic and non-economic damages sustained because of the person’s death. Economic damages usually cover the loss of income, medical bills, funeral and burial expenses, insurance benefits, and other costs.

Non-economic damages include the pain and suffering of not only the person prior to death but also of the surviving family members, the loss of the person’s support, services, and companionship, among others.

How Long Does a Wrongful Death Claim Take in Florida?

It’s difficult to estimate how long a wrongful death claim may take to settle in Florida. The timeline of a wrongful death case can vary greatly depending on multiple factors. These factors include the complexity of the case, the evidence available, whether fault is disputed, and whether the matter can be settled out of court or must be taken to trial. You can ask your wrongful death lawyer about how long you should expect your unique case to take.

What Is the Average Wrongful Death Settlement in Florida?

There is no average amount for a wrongful death settlement in Florida, as each case is under different circumstances. Each wrongful death case has different factors that can influence how much the settlement payout may be, including the level of complexity of the case, the defendant’s insurance coverage, whether fault is disputed, and the total damages incurred. Your attorney can give you an accurate estimate of how much your wrongful death claim may yield.

Pensacola Wrongful Death Attorney

The team at Phil Hall, P.A. has worked with numerous accident victims and disabled individuals. We also have experience assisting executors and families during the wrongful death claim process. As professionals in personal injury and wrongful death law, our team is ready to assist you in any way possible and help to make the whole experience less overwhelming.

Contact us today to schedule a consultation.