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Wrongful Death Lawyers — Kanner & Pintaluga
Catastrophic accidents and injuries can have lasting and tragic consequences for innocent victims. In the worst cases, they can even be fatal. When this happens, surviving family members need to deal with overwhelming grief, shock, and anxiety about the future. However, instead of being able to take the necessary time to console one another, victims’ families are often met with multiple practical, financial, and legal challenges.
Many jurisdictions allow surviving family members to receive compensation in a wrongful death lawsuit for financial as well as non-financial losses. This may include damages for loss of financial support, love, care, comfort, guidance, and supervision, as well as personal grief and suffering. However, compensation can vary from state to state, which makes matters confusing.
If you’ve lost a loved one due to another party’s reckless actions, the attorneys at Kanner & Pintaluga understand the complex issues you are facing. We’ll fight on your behalf to secure fair compensation from the responsible party, allowing you to focus on caring for yourself and your family.
Ready to take action now? The friendly team at our wrongful death law firm is waiting to hear from you. Contact us today for a free evaluation and get the justice you deserve.
Understanding Wrongful Death Claims & Legal Foundations
Put simply, a wrongful death claim is a type of civil claim that you can bring about when a loved one dies due to another party’s negligent or reckless actions. The overall purpose of this claim is to provide financial compensation to the deceased’s estate or surviving family members to cover financial and non-financial losses that result from their death.
A wrongful death claim for a family member isn’t guaranteed to be successful. To receive compensation, the plaintiff (the person or persons initiating the claim) must establish liability. This means proving that the defendant (the person or persons defending the claim) was partly or wholly responsible for the death because of their negligent or reckless actions. The plaintiff must also prove that the defendant’s actions resulted in damages, such as financial loss.
Collecting evidence and proving liability and damages can be difficult. That’s why it’s essential to seek legal guidance as soon as you can. Trying to navigate the law yourself is not only time-consuming but may also add stress to an already overwhelming situation.
Although this may be a difficult time, reaching out to an experienced personal injury wrongful death attorney quickly can increase your chances of receiving fair compensation for what happened.
Kanner & Pintaluga has all the experience you need to file a wrongful death claim successfully. With local offices across the United States, we understand laws in different states and how they might affect how much compensation you receive. Contact us for a free consultation at (800) 586 -5555, and let us support you and your family.
Wrongful Death Damages Explained
It’s impossible to receive true compensation for the loss of a family member. However, seeking damages from an at-fault party can at least ease some of the complications your family is facing right now.
The attorneys at Kanner & Pintaluga can help you pursue a wrongful death claim support for:
- The deceased person’s financial contributions to the household
- The deceased person’s benefits (pension, health insurance, etc.)
- Any medical expenses related to the deceased person’s injuries
- Funeral and burial costs
- Potential loss of inheritance
You may be wondering who can bring a wrongful death lawsuit. While it depends on your state’s laws, it’s usually limited to spouses, children, parents, and other close family members.
Loss of Consortium
The pain and emotional suffering families experience after losing a loved one are always immense. However, the ramifications can be worse if the person was still young and had many decades of life ahead of them. Losing a parent at the age of 80 is upsetting, but sadly 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. This type of suffering matters in the eyes of the law.
Loss of consortium refers to damages awarded for the loss of companionship after someone dies. In some states, it’s restricted solely to spouses. However, it may include loss of parental consortium (for the death of a parent) and loss of filial consortium (loss of a child) in other jurisdictions.
Only specific people can seek damages for loss of consortium. For example, a divorced spouse might have the right to a share 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 relates to many different types of non-economic losses, including:
- Assistance with household chores
- Help parenting minor children
- Emotional support
- Physical intimacy
Case Results & Our Track Record
At Kanner & Pintaluga, we’ve handled hundreds of thousands of personal injury claims across the U.S., including wrongful death cases. With a team of nearly 100 attorneys, we adopt an aggressive, ethical, and results-driven approach for all our clients, helping them seek the maximum amount of compensation they are entitled to after a loved one passes away.
While each situation is unique, our track record speaks for itself. From negotiating substantial settlements to representing clients in court, the team at our wrongful death law firm is committed to securing justice for families and handles each case with the care and attention it deserves.
Taking proactive steps after a family member’s death can feel overwhelming. However, reaching out to a qualified, experienced wrongful death compensation lawyer like Kanner & Pintaluga is an important move. We can help you understand the law and your rights and provide ongoing support and guidance.
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Kanner & Pintaluga is 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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What to Do When a Loved One Dies in a Fatal Injury
Common fatal injury scenarios
- Car, truck, and motorcycle accidents
- Workplace accidents
- Slips and falls
- Defective/broken consumer products
- Medical malpractice
Accidents (unintentional injuries) were the third leading cause of death in the U.S. in 2023, behind heart disease and cancer, according to the National Center for Health Statistics.
There are many types of fatal accidents and injuries caused by actions that qualify as negligent or reckless. These include car accidents, medical malpractice, slip-and-fall cases, and other types of premises liability cases. Recent developments in product liability law have included instances where prolonged use of vaping products has allegedly contributed to fatal respiratory illnesses, underscoring the evolving nature of corporate responsibility. If your loved one has died from a fatal injury caused by any of the above, you should seek wrongful death legal help.
Booking a fatal accident lawyer consultation as soon as possible avoids the statute of limitations in your state from expiring. In many states, like Florida, the deadline to file a wrongful death lawsuit is only two years.
Why Choose K&P for Your Wrongful Death Case?
Working with Kanner & Pintaluga provides the following benefits:
- Dedicated wrongful death law expertise and experience in all areas of personal injury law
- Offices located across the U.S.
- Compassionate team members who guide you through the wrongful death lawsuit process
- Proven track record of success
Find a Wrongful Death Claim Attorney Near Me
A wrongful death caused by another party’s negligence is difficult to handle. That is why it’s critical to find a local legal team you trust and can depend on to get the job done. With offices across the country, Kanner & Pintaluga is ready to fight for the settlement you deserve or pursue action through the courts if necessary.
Call (800) 586-5555 to learn more or book a FREE wrongful death case evaluation.
FAQ's
Can I file a wrongful death claim?
It all depends on your relationship to the deceased, whether you can prove liability, the laws in your state, and other factors. For help with a wrongful death claim, consult with a good personal injury attorney in your area.
Will my wrongful death claim be taxable?
Compensation for losses that result from a wrongful death claim is not subject to income tax. However, there may be scenarios in which this type of claim increases the value of the deceased’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.
What is a survival action, and how is it different from a wrongful death claim?
A survival action allows a personal injury or other civil claim to continue on behalf of the deceased person for injuries they suffered before their death. In other words, just because a plaintiff passes away doesn’t mean defendants and their insurance companies are off the hook.
Can I file a wrongful death case if my loved one died due to manslaughter or murder?
Yes, but when you file a wrongful death lawsuit or settlement, it will be entirely separate from the criminal case.
Holding criminals financially responsible for their actions isn’t always straightforward. For you to win an appropriate level of damages, the defendant in the civil case needs to have adequate insurance or assets to compensate you, which may not be possible if they are in jail.
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