Florida Wrongful Death Attorney

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Hold Those Who Were Negligent Accountable for Unnecessary Deaths

A catastrophic accident can have enduring and tragic consequences for innocent victims.  In the worst cases, they can even be fatal.  When they are, surviving family members are forced to confront overwhelming grief, shock and anxiety about the future.  Sadly, instead of being able to take the necessary time to grieve and console one another, victims’ families are often met with a long line of practical, financial, and legal challenges.

Many jurisdictions authorize surviving family members to be compensated in a wrongful death lawsuit for financial as well as non-financial losses.  This may include loss of financial support, love, care, comfort, guidance, supervision, home assistance and general society.  In wrongful death lawsuits, many jurisdictions allow financial compensation for surviving family members for their personal grief and suffering.  Eligibility and damages available for bringing a lawsuit vary from state to state.

If you have lost a loved one to another party’s reckless actions, the attorneys at Kanner & Pintaluga understand the complex issues you are facing.  We will take on the fight to acquire fair compensation from the party responsible, allowing you to focus on caring for yourself and your family.

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Wrongful Death Compensation

It is impossible to find true compensation for the loss of a family member.  However, a successful wrongful death claim can at least ease some of the complications your family is facing during this difficult time.  Our wrongful death attorneys at Kanner & Pintaluga can help you pursue repayment for losses such as:

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Kanner & Pintaluga have recovered over 1 billion dollars and are experienced in working against insurance companies. Contact us for a free consultation, and let us provide you and your family with dedicated service and get you the compensation you deserve.

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Wrongful Death FAQ's

Loss of consortium are damages awarded for the loss of companionship, usually by a spouse. In some states, loss of consortium is restricted solely to spouses, but in Florida there are a couple recognized variations, including loss of parental consortium (for the death of a parent) and loss of filial consortium (loss of a child).

The pain and emotional suffering families experience after losing a loved one is always immense, but the ramifications can be worse when the person was still young and had many decades of life in front of them. Losing a parent at the age of 80 is upsetting, but also an inevitable part of adulthood. Losing a spouse at 40 means you have lost out on many decades of meaningful companionship, and you’ll have to carry that loss for the rest of your life.

That type of suffering matters in the eyes of the law, which is why it’s factored into loss of consortium damages.

Only specific people can seek loss of consortium damages. For example, a divorced spouse might be entitled to part of the deceased’s estate, including wrongful death damages, but not loss of consortium damages. Since they are divorced, the ex-spouse isn’t losing out on companionship they would have otherwise had.

Loss of consortium can be broken out into many different types of non-economic losses, including the loss of:

  • Assistance with household chores
  • Help parenting minor children
  • Friendship and companionship
  • Emotional support
  • Physical intimacy

Compensation for injuries, which is what wrongful death claims are technically considered, are not subject to income tax. However, there may be scenarios where a wrongful death claim increases the value of the deceased person’s estate, which may have tax implications. If you have concerns about taxes and your wrongful death claim, it’s likely in your best interest to speak with an accountant or estate planner.

Yes – a survival action essentially means surviving family members can continue pursuing a personal injury claim or another civil tort after their loved one’s death. Just because a plaintiff passes away doesn’t mean defendants and their insurance companies are off the hook.

Accordion

Accidents were the fourth leading cause of death in the United States in 2020 (behind heart disease, cancer and COVID-19). In most years, car crashes are the second leading cause of unintentional injury deaths behind poisoning (followed by falls).

Although auto accident deaths and falls may be unintentional, they are still often caused by actions that qualify as careless or reckless. Many wrongful death cases are due to car accidents or slip, trip and fall cases or other types of premises liability cases.

Yes – but your civil tort case will be entirely separate from the criminal case against the defendant. Holding perpetrators financially responsible for their actions isn’t always easy or straightforward. In order for you to win an appropriate level of damages, the defendant needs to have adequate insurance or assets to compensate you, which isn’t always the case.

However, there may be scenarios where another party is partially culpable for your loved one’s wrongful death. For example, if your loved one was assaulted in a parking lot or apartment complex with inadequate security, the property owner could be found to be negligent.

If you are wondering about your options after losing a loved one, it may be in your best interest to consult with a Florida wrongful death lawyer.

The statute of limitations in our state for wrongful death varies depending on the cause of death. Claims for deaths caused by negligence or wrongdoing must usually be brought within two years, while wrongful death claims for homicides have no time limits.

Hiring An Attorney For A Wrongful Death

Wrongful Deaths due to the negligence of someone else are difficult to handle. That is why it is important to find a legal team you trust and can depend on to get the job done. Kanner & Pintaluga have recovered over 1 billion dollars for clients and are ready to get you the settlement you deserve. For more information call 800.586.5555 today for a FREE case evaluation.

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Get Help Pursuing Fair Compensation for a Wrongful Death Case

The personal injury lawyers at Kanner & Pintaluga are committed to standing up for victims' rights and working tirelessly to seek the justice and compensation our clients are entitled to receive. Contact us today for a free consultation.

Call 800.586.5555

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