Panama City Wrongful Death Lawyers

Put 100+ Years of Combined Experience on Your Side

If you have lost a loved one due to the negligent actions of another person or institution, you are likely grappling with grief and disbelief. In many circumstances, those left behind in the wake of these tragedies are also facing a number of financial uncertainties.

While no amount of money can reverse what happened, loved ones of the deceased do deserve consideration for the instability they are now exposed to after the loss of the accident victim.

At Syfrett, Dykes & Furr, our legal team has more than 100 years of combined legal experience. Over that time, we have helped countless accident victims, injured workers, and bereaved families recover the relief they deserve following the wrongdoing of other parties.

If you have lost a loved one in an accident that was not their fault, our compassionate Panama City wrongful death attorneys are ready to help you explore your legal options.

Lost a loved one due to negligence? Our experienced wrongful death attorneys are here to help you seek justice. Contact us today for a free consultation at (850) 795-4979.

How Wrongful Death Claims Work in Florida

Wrongful death cases in Florida are governed by the Florida Wrongful Death Act. There are many things that are unique about a wrongful death action. First, the person who becomes the Personal Representative (PR) of the Estate is the proper party to bring the action. The PR is charged with recovering all the damages that are properly due to the estate of the person who has died.

Next, when the PR files the complaint in the appropriate court, the complaint must specify all the potential beneficiaries of the Estate. The PR will also seek to recover any net accumulations that the deceased person’s estate would otherwise have accumulated had the person lived their natural life expectancy.

Florida Wrongful Death Statute of Limitations

According to Florida Statute 95.11(4)(b). the statute of limitations on wrongful death cases is two years from the date of death. 

Who Can File a Wrongful Death Lawsuit in Florida?

In Florida, it's typically the responsibility of the estate's personal representative to initiate a wrongful death claim. This individual is often named in the deceased’s will or estate plan. In cases where no representative is designated, the court may appoint one to carry out this responsibility. The personal representative acts on behalf of the estate and the deceased’s surviving family members, such as the spouse, children, parents, and other dependents who had relied on the deceased for support.

Fatal Car Accident Claims in Florida

There are several other issues that arise in a wrongful death case. One, if the death arises from a traffic crash, then the agency that works the crash (sometimes the Florida Highway Patrol) will also perform a Traffic Homicide Investigation (THI).

The THI provides a wealth of information on the case regarding exactly how the crash occurred, witness statements, calculations for the dynamics of the crash, pictures of the vehicles, scene, and generally much greater detail is provided in the THI report than you would find in a normal crash report.

Obtaining the THI and all associated documents is the first order of business in the investigation and eventual filing of a claim for wrongful death in Florida.

If you would like to speak with someone who has handled this unique type of litigation before and who understands the Florida Wrongful Death Act, we would be honored to discuss your case with you in a personal confidential environment.

How Wrongful Death Impacts Families

Experiencing the loss of a loved one due to someone else's negligence is devastating. Beyond the emotional turmoil, families often face significant financial challenges. Understanding these impacts can help you navigate this difficult time and ensure you receive the support you deserve.

Here’s how a wrongful death can affect your life:

• Emotional Distress: The grief and trauma of losing a loved one can be overwhelming. Many families experience anxiety, depression, and a profound sense of loss.
• Financial Strain: Funerals, medical bills, and lost income can create a heavy financial burden. Pursuing a wrongful death claim can help alleviate some of these costs.
• Loss of Companionship: The absence of a loved one can lead to feelings of isolation and loneliness, impacting your overall well-being.
• Future Financial Security: If the deceased was a primary breadwinner, their loss can jeopardize your family's financial stability. A wrongful death claim can provide compensation to help secure your future.

At Syfrett, Dykes & Furr, we understand the profound impact of wrongful death cases. Our compassionate team is dedicated to providing you with the support and guidance you need during this challenging time. Let us help you seek justice while you focus on healing.

Frequently Asked Questions (FAQ) About Wrongful Death Claims

Who can file a wrongful death lawsuit?

• In Florida, the personal representative of the deceased’s estate files the wrongful death claim on behalf of the surviving family members, such as the spouse, children, parents, or other financial dependents.

What types of damages can be recovered in a wrongful death lawsuit?

• Families may recover economic damages (medical expenses, lost income, funeral costs) and non-economic damages (pain and suffering, loss of companionship, emotional distress). In some cases, punitive damages may be awarded to punish reckless behavior.

How long do I have to file a wrongful death claim?

• In Florida, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. There are some exceptions, such as cases involving medical malpractice, so it’s important to speak with an attorney as soon as possible.

Can I still file a claim if the deceased was partially at fault?

• Yes. Florida follows comparative negligence laws, meaning that even if the deceased was partially responsible for the accident, the family can still recover compensation. However, the amount awarded may be reduced based on the percentage of fault.

What if the at-fault party is facing criminal charges?

• A wrongful death lawsuit is a civil case, separate from any criminal charges. Even if the responsible party is not convicted in a criminal trial, you can still pursue financial compensation through a wrongful death claim.

How long does a wrongful death case take?

• The timeline varies depending on the complexity of the case, the evidence available, and whether a settlement is reached or the case goes to trial. Some cases resolve in a few months, while others may take years if litigation is necessary.

Do I need an attorney to file a wrongful death lawsuit?

• While not legally required, hiring an experienced wrongful death attorney can greatly improve your chances of securing fair compensation. An attorney can handle negotiations, gather evidence, and represent you in court if needed.

Call (850) 795-4979 to speak with our team. We are ready to help your family take action.