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Losing a loved one to natural causes is an unfortunate but natural part of life. Suffering a death in the family due to unnatural causes is a very different situation – one that necessitates legal action.
What can make a wrongful death even harder to bear is the death could have been avoided were it not for someone else’s negligence or reckless actions. While there’s no way to recover emotionally from the death of a loved one, the skilled wrongful death attorneys at Kanner & Pintaluga can help you recover financially, pursuing compensation from the responsible party on your behalf that includes the medical bills incurred while trying to save your loved one’s life, funeral expenses, compensation for your own pain and suffering and more.
A personal representative is the person who will handle the affairs of the person who died, which includes filing a wrongful death claim on the family’s behalf. While this role is usually assumed by the spouse or children, it could be filled by a court-appointed executor or someone named in the person’s will.
Typically, only immediate family members are eligible for compensation in a wrongful death claim, although others may be entitled to damages if they are at least partially financially dependent on the decedent. The personal representative themselves may not be eligible for compensation if they weren’t a dependent, but they can still pursue a wrongful death claim on behalf of eligible dependents.
In the event that no one is named, a court representative will be assigned to manage the case and hire proper legal representation to pursue the claim.
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At Kanner & Pintaluga, we’ll help you navigate the complex legalities involved in wrongful death claims that are unique to Florida. Claimants may be surprised that – because Florida operates under a comparative negligence system – their compensation can be reduced if the deceased is shown to have contributed to the accident. You might also not know that you can’t receive more than $500,000 for pain and suffering if their wrongful death was due to medical malpractice.
Our wrongful death attorneys have years of experience handling wrongful death cases and are familiar with the state’s distinct legal landscape. We’ll work hard to ensure your compensation includes lost current and future income, the cost of attempted life-saving medical care, the cost of lost benefits, funeral costs, loss of consortium and the pain and suffering your family has been forced to endure.
Compensation in wrongful death claims will vary based on the decedent’s information and history, including income, age, the nature of the accident, how many dependents they had and how much those dependents relied upon the decedent for financial support.
The wrongful death attorneys at our Bonita Springs firm will work hard to secure compensation for you and your loved ones that encompasses both quantifiable damages (funeral and burial costs, loss of financial support, loss of prospective inheritance, etc.) and non-quantifiable damages (loss of companionship, loss of guidance and support, emotional distress, etc.).
Punitive damages may also be factored into the verdict to punish the responsible party and discourage repeat behavior if their actions were malicious or grossly negligent. This is mostly common in wrongful deaths resulting from drunk driving accidents.
Punitive damages are only applicable in civil cases and should not be confused with criminal charges. While the responsible party can sometimes face criminal charges in cases involving homicide or manslaughter, criminal cases are entirely separate proceedings from your wrongful death claim.
Yes. Your claim can start accumulating interest from the date of the decedent’s death to when you and your family start receiving compensation to account for the decedent’s loss of future savings and ensure you’re reimbursed for the full value of your case.
At Kanner & Pintaluga, we’ll protect your interests in negotiations and possess the trial experience to take your case to court if necessary. Our wrongful death attorneys will work hard to increase your chances of maximizing your compensation, so you don’t have to pay out of pocket for someone else’s egregious actions. Call (800) 586-5555 to schedule a free one-on-one case evaluation session with one of our attorneys today.
2749 Riverview Center Blvd, Suite 109
Bonita Springs, FL 34134
(800) 586-5555
* Available by Appointment
Losing a loved one due to the negligence of another party is an unimaginably difficult experience. Our dedicated Florida personal injury law firm is committed to providing compassionate, comprehensive legal support to those facing such a loss. Consult with one of our wrongful death lawyers by calling today.