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Tallahassee Wrongful Death Attorney
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Wrongful Death Attorneys in Tallahassee
The pain of losing a loved one is only made worse when it’s solely the fault of someone else’s negligence or egregious misconduct. It’s painful to lose a loved one, especially when their death could’ve been avoided. At Kanner & Pintaluga, we’ll hold whoever’s responsible for your loved one’s wrongful death accountable and increase your chances of securing proper compensation.
Types of Wrongful Death Claims
- Aviation Accidents: Pilot error, mechanical failure, poor maintenance or air traffic control negligence.
- Car Accidents: Speeding, driving under the influence or a driver looking at their phone while driving. If the fatal accident was caused by a manufacturing defect, the vehicle’s automaker could be liable in your claim.
- Medical Malpractice: Surgical errors, misdiagnoses, failure to diagnose a condition or prescription mistakes. Unlike other wrongful death lawsuits, Florida limits medical malpractice filers’ compensation for non-economic damages to $500,000.
- Commercial Trucking Accidents: Negligent behavior of truck drivers, trucking companies or other parties involved in the operation and maintenance of the trucks.
- Product Liability: Defective or dangerous products, medical devices, pharmaceuticals, machinery or vehicles.
- Premises Liability: Negligent property maintenance, insufficient security or other hazardous conditions on someone else’s property.
- Criminal Activity: Homicides or assaults that resulted in the victim’s death.
- Construction Accidents: Falls, equipment malfunctions or collapsing structures. It’s important to note that an accident that occurs on a construction site and can be attributed to negligence may justify a workers’ comp claim rather than a wrongful death claim. If the victim died while performing their job duties and not due to a third party’s actions, the personal representative may have to pursue benefits through the workers’ compensation system instead.
- 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.
Tallahassee Practice Areas
What Is a Personal Representative and Who Can Pursue a Wrongful Death Claim?
A personal representative is an individual the deceased has named in their will who has the right to take action on their behalf by filing a wrongful death claim for the benefit of their surviving loved ones and others who were wholly or partially dependent on them financially. In most cases, the personal representative will be the decedent’s spouse or children, though other relatives can be eligible. In cases where the decedent didn’t assign anyone this role or didn’t have a will, a Florida probate court will appoint an executor for them.
Will a Criminal Case Affect My Wrongful Death Claim?
No. You can pursue a wrongful death claim and potentially punitive damages regardless of the criminal proceedings’ end result. Most of the time, you’ll only be involved in a criminal case if your testimony is needed. However, in certain cases, a successful criminal case can positively impact your civil case, but this may not be true for yours specifically. Our attorneys will evaluate your case and give you grounded and honest expectations while finding avenues to maximize your compensation.
Process of Recovering From a Loved One's Wrongful Death
The first step is to consult with a personal injury attorney well-versed in wrongful death cases. Your attorney will assess your case’s details and gather evidence to establish the liability of the responsible party or parties.
Our attorneys will then aggressively negotiate the best possible settlement agreement. If a fair settlement agreement can’t be reached, we’re not afraid to take the at-fault party to court and advocate for your claim before a jury.
If the court rules in your favor, a judgment will be issued, and the compensation amount will be determined. This typically covers quantifiable damages (such as medical expenses, funeral costs, loss of income and prospective inheritance, etc.) and non-quantifiable damages, including loss of companionship, loss of guidance and emotional distress.
Although the legal process can help you and your loved ones recover financially and provide some degree of closure, emotional healing and support are equally vital and require equally sufficient compensation, which the zealous attorneys at our Tallahassee wrongful death law firm will fight for.
Hire a Dedicated Attorney From a National Network That Has Helped Clients Recover Over $1 Billion in Settlements
At Kanner & Pintaluga, we’ll utilize the full extent of our experience and expertise to help you and your family obtain the compensation you need during a challenging time. We’ll navigate the complicated and frustrating legal process on your behalf so you can focus on healing.
Llamar 888.283.3831 today to schedule a free case evaluation with one of our wrongful death attorneys.
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Tallahassee Location
Tallahassee
113 sur de la calle Monroe, 1calle Piso
Tallahassee, Florida 32301
(800) 586-5555
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