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Fort Myers Wrongful Death Attorney
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Wrongful Death Attorneys in Fort Myers
It’s painful to lose a loved one, especially when their death could’ve been avoided. If you’ve lost a loved one due to someone else’s negligent behavior, we’ll fight for you and your family’s right to proper compensation.
At Kanner & Pintaluga, we’ll actively seek a settlement offer that covers the full extent of the consequent costs and damages you and your loved ones have endured as a result. The wrongful death attorneys at our Fort Myers personal injury law firm will evaluate your case and help you build a compelling claim with robust evidence as we pursue maximum compensation.
Frequent Causes of Wrongful Death
- Aviation Accidents: Pilot error, mechanical failure, poor maintenance or air traffic control negligence.
- Car Accidents: Speeding, driving under the influence or a driver being distracted by their phone. If a manufacturing defect contributed to the fatal accident, the vehicle’s automaker may be liable in your claim.
- Medical Malpractice: Surgical errors, misdiagnoses, failure to diagnose a condition or medication mistakes. In Florida, unlike other wrongful death lawsuits, medical malpractice filers can’t win more than $500,000 for non-economic damages.
- Commercial Trucking Accidents: The negligence of truck drivers, trucking companies or other parties involved in the operation and maintenance of the trucks can contribute to fatal accidents in Fort Myers.
- Product Liability: Defective or dangerous products, medical devices, dangerous pharmaceuticals, machinery or vehicles.
- Premises Liability: Negligent property maintenance, inadequate security or other hazardous conditions on someone else’s property.
- Criminal Activity: Homicides or assaults resulting in the death of the victim.
- Construction Accidents: Falls, equipment malfunctions or collapsing structures. An accident on a construction site due to negligence or safety violations doesn’t always justify a traditional wrongful death claim. If an employee dies while performing their job duties, you may need to pursue benefits through the workers’ comp process instead of a third-party wrongful death claim.
- Nursing Home Neglect: Inadequate care, neglect, abuse or medical errors in nursing homes or assisted living facilities.
- Fire-related Incidents: Negligence in fire safety measures, building code violations or faulty fire alarms.
- Electrocution: Faulty wiring, lack of proper safety measures or negligence.
- Train or Public Transportation Accidents: Accidents, derailments or collisions involving trains, buses or other forms of public transportation due to negligence.
Fort Myers Practice Areas
Who Can Pursue a Wrongful Death Claim?
A personal representative is an individual named in the deceased’s will who has the right to pursue a wrongful death claim on behalf of the surviving family members. While the role is most often given to the surviving spouse or children, other relatives may also be eligible. If no one is named as the personal representative, a Florida probate court will make that decision. The representative can then pursue a wrongful death claim on behalf of the immediate family or other individuals who were partially or wholly dependent financially on the deceased individual.
Types of Compensation You Can Recover for Wrongful Death Cases
Economic Damages
Medical expenses incurred due to attempted life-saving emergency measures, funeral and burial costs, loss of future financial support, loss of prospective inheritance and other quantifiable losses.
Non-Economic Damages
The intangible damages resulting from an individual’s death, such as pain and suffering, loss of companionship, emotional distress, mental anguish and loss of guidance and support.
Punitive Damages
If the responsible party’s actions were malicious or glaringly negligent, they might have to pay hefty punitive damages. These aren’t meant to compensate for any specific loss or injury – rather, they’re utilized to punish the at-fault for their wrongful conduct and discourage similar behavior in the future.
Will My Wrongful Death Claim Intersect with Possible Criminal Proceedings?
No. Criminal cases are handled separately from wrongful death claims, meaning you’ll only be involved in a criminal case if you need to give testimony. Other than that, you’re free to seek compensation for your loss regardless of the criminal case’s outcome. There are situations in which a successful prosecution of the at-fault party could have positive benefits on a civil case, but every situation is unique.
Our National Network Has Helped Clients Recover Over $1 Billion in Settlement
Having an experienced wrongful death attorney on your side may increase your chances of obtaining the compensation you and your family deserve, as they can expertly guide you through the complicated claims process to secure a just settlement offer.
At Kanner & Pintaluga, we have a wealth of experience helping clients pursue their wrongful death claims. The trial attorneys at our Fort Myers firm are ready to advocate for your interests, whether it’s through negotiations or litigation.
Have dedicated, zealous representation on your side. Call (800) 586-5555 today to schedule a free case evaluation with one of our wrongful death attorneys.
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