Wrongful Death2020-09-14T15:05:09-04:00

Wrongful Death Lawyer St Petersburg

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Wrongful Death Lawyer St Petersburg

INJURED?
Call Now for a
FREE CONSULTATION
(727) 381-2300

Or click the button below for a

FREE CASE EVALUATION

Wrongful Death Lawyers McQuaid and Douglas

The emotional trauma and life-altering effects that follow the death of a loved one can make any legal action feel like one of life’s lowest priorities. However, the help of a Wrongful Death Attorney can take the burden off you and your family during this painful time, and help secure financial and emotional relief, when you need it most.

St. Petersburg Personal Injury Attorneys McQuaid & Douglas will work hard for you so you can be with loved ones during their time of need. For 60 years, Battaglia Ross Dicus & McQuaid, P.A has been providing exceptional legal assistance to the Tampa Bay area. Battaglia Ross Dicus & McQuaid, P.A is nationally ranked by US News and World Reports as a Tier 1 Law Firm. Sean McQuaid and Jonathan Douglas are both partners at Battaglia Ross Dicus & McQuaid, P.A and have been repeatedly recognized by their peers, the courts and the community as premiere lawyers in personal injury law.

St Petersburg Wrongful Death Attorney

Wrongful Death claims are not criminal cases. The accused is not punished with incarceration, but instead payable damages.

Wrongful Death Time Limit

There is a deadline, called the ‘Statute of limitations’. This differs from state to state and is a time limit that once expired means the court can no longer act and claims can no longer be made. This is why it is vitally important to act as soon as possible, following a death.

When is a Wrongful Death Claim Applicable?

To establish that a Wrongful Death claim is applicable an attorney must be able to prove that the other person, or persons, failed to meet the level of care that was required for the deceased. This includes reckless or dangerous behavior. If it can be determined that this was directly a cause for the death and the damages that followed, then a claim is applicable.

Examples of Wrongful Death Situations:

Wrongful Death LawyerCar Accidents and Auto Accidents

  • Auto accidents are a shockingly high cause of Wrongful Death, due to carelessness and distractions.
  • Driving intoxicated, carelessly or whilst on a cell phone are typical examples of blatant wrongful death claims.
  • For auto accidents, the plaintiff is typically successful in 61% of cases, although a death due to negligence can increase this.

Medical malpractice

  • A wrongful death claim can typically have grounds if a diagnosis was incorrect, misjudged, or treated incorrectly; or if there were inadequate levels of care in a hospital.

Workplace accidents

  • These typically involve a safety violation or negligent behavior. This can be an employee decision, bad working environments or dangerous conditions.

Violence and homicide

  • Accidental murder in crimes such as a mugging can result in a civil claim.

Premises liability issues

  • This typically includes buildings that are not safe or don’t include a safe area. An example would be a shelf falling on a customer in a restaurant, or a dangerous dog being present with no warning, which resulted in an accident.

Birth Injuries

  • The death of a mother or infant due to medical malpractice.

Defective Products

  • A poorly designed or dangerous product that causes death can be the grounds for a Wrongful Death claim against a manufacturer.

Negligent Supervision

  • Babysitters or caretakers are responsible for the health of your children. Any fatality under their supervision is likely to be applicable for a wrongful death.

Relationships with the deceased

Various criteria are considered by the court when determining the compensation amount for the survivors of the deceased. This includes factors such as the net income of the deceased available, the cost of the loss of financial contribution, the life expectancy of all involved and the relationships between the dead and the distributees. Here are some more details:

Spouse:

  • The emotional and mental suffering since the death may qualify for compensation. As well as the financial implications.

Children:

  • Children may be able to seek damages for the loss of a parent, and their guidance and security.

Parent:

  • Both parents of the deceased have grounds for claims for the mental pain and emotional suffering.
  • All the survivors may recover compensation for the loss of value in their life, since the date of initial injury. Medical and funeral expenses are also factored into to the claims of those who paid for them.
  • Loss of inheritance, a consortium, or the deceased’s suffering before death can also be included as damages in a claim.

Punitive Damages

Punitive Damages are when the court chooses to punish the liable party for their involvement. This is done to punish and prevent others from behaving in a similar way in the future. This is typically used for blatant negligence, violence, recklessness or intentionally harmful behavior.

Why hire a Wrongful Death Personal Injury Attorney?

During what is surely the worst period of anyone’s life, it’s understandable to just want some peace of mind. An attorney removes the pressure placed on you when you’ll need to be focusing on recovering and working or being with your family. Here are some key reasons why hiring an Attorney is crucial:

  • An attorney can get to work straight away, without the huge mental distractions you’ll likely have following a death. This means we can work to meet the ‘Statute of Limitations’ deadline.
  • Vastly greater compensation results can come from the work of a Wrongful Death lawyer, than an individual claim.
  • We’ll be your advocate throughout the entire process and effectively handle all the legal work and procedures for the optimal outcome.
  • The experience of a professional lawyer removes the stress you will have to face alone, in understanding the civil court system.
  • We have the resources and knowledge to quickly acquire and preserve key evidence that is crucial to your case.

Personal Injury Attorneys Sean McQuaid and Jonathon Douglas will be your advocate and helping hand during this hard time. They have over 15 years worth of experience as Personal Injury Lawyers working at Battaglia Ross Dicus & McQuaid, P.A, a Tier 1 Law Firm, to win compensation for those who need it most.

We understand the stress and hardship you are likely going through if you have lost someone close to you. We can help bring you some clarity and relief during this time, by removing the legal responsibilities and giving you the best chance for monetary compensation.

Court Dismisses Wrongful Death Case Against Hotel After a Tourist is Killed in Car Accident Crossing the Street

Sean McQuaid
Hotel guests are often unaware of the dangers that exist during their vacation. In the following case, a tourist who was on vacation was killed in a car accident resulting in a wrongful death lawsuit against the hotel. This tragic case illustrates how dangerous hotels can be. At St Petersburg Personal Injury Attorneys McQuaid & Douglas, we specialize in claims against hotels, car accidents and wrongful death claims. Our offices are in Pinellas County, Florida which has a high number of hotels. As a result, we are contacted frequently by families who have experienced an unfortunate accident while visiting the area. It is often very disturbing to hear about personal injury accidents that ruin vacations and change lives forever.
We follow the most recent court decisions so that we are aware of the legal trends. We use this knowledge to advise our clients. While we hope that you are not injured while visiting Florida, if you are, please contact us for a free consultation.

Facts of the Case:
In Luckman v. Wills, et al, 3rd District Case No. 3D19-435 decided on July 29, 2020, a wrongful death lawsuit was brought by Luckman as executor of the estate of Michael Ianniello. Ianniello was a guest of Cheeca Lodge in Islamorada, Florida. Cheeca Lodge is located on the east side of US 1 and Old Highway 1. It offered a shuttle service to take guests to destinations within 2 miles of the resort. A grocery store called the Trading Post was located across both roads and was a destination within the route of the shuttle service. There was also a complimentary golf cart service. But, because the golf cart could not go on public roads, it could only cross Old Highway 1, not US 1. Therefore, it wasn’t able to drop guests off at the Trading Post.
The evening of the incident, Ianniello asked an employee on a golf cart for a ride. As they proceeded, he told the driver to take him to the Trading Post. The golf cart drove off the property, across Old Highway 1 and stopped about 20 feet from US 1. It let Ianniello out and he began to walk on foot the rest of the way. As Ianniello crossed US 1 on the way to the Trading Post, he was killed in a car accident. The car was driven by Wills.

Trial Court
Luckman filed the wrongful death lawsuit arising from the car accident against the driver of the car and Cheeca Lodge. The lawsuit was based in Monroe County, which had jurisdiction. It was assigned to be heard by a circuit court judge. This case only dealt with the claim against Cheeca Lodge, not the driver of the car. The claims were based on negligence and for wrongful death. The lawsuit alleged that Cheeca Lodge undertook a duty to transport Ianniello safely to the Trading Post. It alleged that Cheeca Lodge breached that duty when it failed to warn Ianniello of the dangers in that area when crossing the road. Luckman filed an affidavit of an expert witness to support the claim. In the affidavit, the expert alleged that Cheeca Lodge had a greater knowledge of the dangers associated with crossing the road and they did not transport Ianniello safely.
Cheeca Lodge filed a Motion for Summary Judgment. In the Motion, it argued that its conduct did not create a foreseeable zone of risk, it had no legal duty to Ianniello, it did not breach any duty, and the danger of crossing a busy road at night was open and obvious.
At the hearing on the Motion for Summary Judgment, the trial judge heard the arguments of counsel. The judge struck the affidavit of the expert as being legally insufficient and granted the Summary Judgment. The effect of this decision meant that Luckman’s lawsuit against Cheeca Lodge was over.

Appellate Court
Luckman filed the current appeal to Florida’s Third District Court. He alleged that the trial judge erred when it granted Cheeca Lodge’s Motion for Summary Judgment. The appellate reviewed the file and stated that it agreed with the trial judge’s decision. It stated that Cheeca Lodge did not undertake to transport Ianniello beyond the golf cart’s allowable limits. Once it dropped him off safely, it owed no further duty to him. Thus, Cheeca Lodge did not create a foreseeable zone of risk and owed no duty to him. Further, the appellate court agreed that Luckman’s expert’s affidavit was based on purely legal issues that were within the power of the trial court. It agreed that the affidavit should have been stricken. As a result, the case was affirmed on appeal and the lawsuit against Cheeca Lodge is over.

Contact a Car Accident Lawyer
This case illustrates the legal limitations of car accident claims and wrongful death claims. While it makes sense that Cheeca Lodge should have been more careful about dropping its guests off to cross a busy road at night, the law simply did not provide a remedy.
If you or a loved one has been involved in a car accident, please contact us for guidance. We can provide the advice that you need to decide whether bringing a claim for damages is worthwhile. Our consultations are free of charge, so there is no risk in contacting us. Please be careful on the roads in Florida, because they are not always safe places to be.

Testimonials

I was involved in an accident in Bradenton, not even the St. Pete area! I was hit by a large truck, injured and my truck totaled! Mr. McQuaid was extremely helpful, from everything to follow ups, keeping me informed, making sure I had what I needed. He definitely looks out for his clients and has their best interest in mind! He made me feel very comfortable, and was genuinely concerned with my health and well being! He even went over and above a few times to help me! His staff is just as professional and helpful as he was! I give him and his staff a standing ovation! Thank you for all your help and everything you did to help and take care of me and my case! I know who I'm calling with any future issues that I need handled in a prompt and professional manor! Thank you again for all your help!read more
Sister Sara
15:15 19 Sep 19
I am happy to recommend Sean McQuaid to others who are looking for a car accident attorney. My family and I were injured in a car accident when visiting St. Petersburg. Mr. McQuaid was extremely knowledgeable and assisted us with every step along the way. We were very pleased with the results given the circumstances.
Chester Fun
23:06 02 Sep 19
I'm very happy that I chose Mr. McQuaid to represent me after the car accident. This was my first time dealing with this sort of problem and didn't know exactly where to start, but Mr. McQuaid stepped in and pointed me in the right direction. He set me up with all the necessary medical appointments and got the ball rolling. He handled all the paperwork and kept me updated. He is very professional and I highly advise anyone who needs a great Attorney to choose Mr. McQuaid.
Richard Drude
16:31 27 Aug 19
I love mcquaid hes been my attorney for years now. He is great with solving cases and hes good with working with his client's best interests hes a real deal big dog!!! I love them and I would refer everyone that needs a criminal or personal injury lawyer to mcquaid!!
Hynita Mitchell
13:52 26 Aug 19
I was injured in a car accident a couple of years ago. The woman who rear-ended me had minimal insurance coverage, so it was not enough to cover the costs of care I needed due to my injures. I had a severe neck injury and injured both of my TM joints. I suffered from major headaches and neck pain. Despite my treating doctors indicating that I have permanent injures, my own auto insurer refused the demand for my own underinsured motorist coverage. As a result of the denial by my insurance company, Mr. Douglas filed suit on my behalf. He and his staff were wonderful to work with. They were super responsive and walked me through the entire process. He was able to obtain a good settlement for me. I would highly recommend Mr. Douglas, and his law firm.read more
Laurel Harris
21:14 03 Aug 19
Great experience as always, Sean expedited my settlement with speed and professionalism while keeping me informed the whole time couldn't ask for anything more I highly recommend their services
Daniel Huddleson
20:02 26 Jun 19
Sean and his whole team are great! Very knowledgeable, professional, and most of all honest. This was my first time being in a situation like this and I wasn’t sure exactly what to expect. Once hired, I was at ease throughout the whole process knowing Sean was in my corner and fighting for me. Always keeping me in the loop of what was going on as well as being a straight shooter, with tons of experience and insight, allowed me to be able to make the best decisions for me and my family. Would definitely recommend!
Kevin Frye
20:32 12 May 19
Thank You Sean McQuaid, Suzanne Sanchez and Sandy Calvert for being so professional and personal. It felt like I was going to talk to a family member. You have a Top Notch Firm. My everyone be BLESSED.
Lorraine Johnsommitchell
04:33 09 May 19
My attorneys Sean McQuaid and Jonathon Douglas were always the most professional, caring, and compassionate legal team to me. They represented me impeccably because they got to know me personally, thus they were able to relay my injuries and truly speak on my behalf and all that I had been through. I would highly recommend them.
Julia Withrow
20:10 24 Mar 19
I could honestly say with confidence that this is the best law firm in Saint Petersburg! Sean and his firm work as a team to make sure they take care of you personally, and financially. They where very accommodating from the first day. They consistently kept me updated through the process and answered any questions I had either same day or the next. In addition, they where able to cut hospital and doctors bills nearly in half creating more money for my pocket. 10/10!
Mazen Khalil
15:46 12 Mar 19
I would like to thank Johnathon Douglas, Suzanne Sanchez and Sandy Calvert for their outstanding work on my recent auto accident case. I was so impressed with their attention to every detail to make sure there was the very best possible outcome in the case. They were always so quick to respond to every email containing my list of questions and recommended excellent physicians for my care. I highly recommend this firm if you ever need any type of legal assistance. They are all top notch people and wonderful to have on your side!
Laura Guest
02:47 05 Mar 19
Sean McQuaid and his paralegal Suzanne Sanchez handled my personal injury case with compassion, expertise and excellence. I was more than pleased with the outcome and couldn’t have had a more competent team! I recommend Sean and Suzanne for anyone that is looking for personal injury legal assistance. Thank you, Sean and Susanne!
Leslie Driscoll
22:43 12 Feb 19
Sean McQuaid is the best. I'm able to sleep at night anytime he's handling any one of my legal matters. He answers your questions and returns phone calls promptly (once while he was on vacation with his family). Thank you Sean.
Marilyn Lewis
23:08 31 Jan 19
Seasoned professionals capable of handling any level of business/personal endeavor to their client's satisfaction. The ONLY law firm I call or recommend. Sean McQuaid is our go-to lawyer for all of my family's needs over the past two decades - he gets results.
jay johnson
22:58 31 Jan 19
I recently was involved in a motorcycle accident and I immediately contacted Johnathan Douglas . He was very prompt and moved quikly to set up medical advisors that were able to help me. Johnathan was there every step of the way, sometimes on a daily basis. Johnathan is very passionate about his work and is second to none and is very professional. He was able to reach a settlement in my case that I was vey pleased with. I would highly recommend Johnathan to anyone that needs the best representation for your particular needs and he deserves a 5 star rating for sure. Trust me Johnathan will not disappoint.read more
Gene Maxwell
19:37 27 Jan 19
We would like to thank McQuaid & Douglas for the best possible settlement in my husband's Personal Injury case.During this difficult time Sean and Suzanne were there for us through every step of the process. Anytime we had questions or needed updates on the case they quickly responded. We highly recommend them!
Jennifer Rice
16:23 13 Dec 18
Iam very satisfied with my lawyer, Sean McQuaid. He was well informed and smart. He was also helpful and kind. I highly recommend him!
Lubna Hameed
20:13 03 Nov 18
Awesome attorney! Sean McQuaid had my charge dropped. He was on top of every detail. Great experience. Will definetly go to him in a heartbeat if I ever have any legal matters. Will recommend to family/friends.
Brittany 8189
19:58 16 Oct 18
Jonathon Douglas is an amazing attorney. There is no question that Jonathon and his team deserve a 5 star rating. They worked tirelessly to get a great result for me.
Joshua Hale
18:08 07 Sep 18
Jonathon Douglas was there for me and my family in our time of need. If you are looking for an attorney who gets results, look no further. I highly recommend Jonathon.
Bjorn Erickson
18:06 07 Sep 18
Attorney Jonathon Douglas has always been a valuable resource to all things legal for me and my family. However, legal expertise is not the only attribute that defines this lawyer. He has that additional quality of a humane perspective that isn't taught or learned, it's innate. You can find any attorney on the web or TV, but few will cut to the core of your needs as adeptly and compassionately as Jonathon.
ben boyle
15:18 05 Sep 18
I was recently in a car accident and contacted St Petersburg Personal Injury Attorney Jonathon Douglas. The very next day, he got things rolling and put me in touch with medical providers who really helped me. Jonathon was able to quickly move my case forward and reach a settlement that I was very happy with. I would recommend Jonathon Douglas to anyone and everyone.
Scott James
20:54 24 Aug 18
Definitely A five star attorney and very professional Randy M Harris
Randy Harris
20:21 29 Jul 18
If you want and need a great attorney that knows and cares, Sean McQuaid would be the person you want on your side. He shoots straight from the hip with no guessing games. Gets the job done in your favor! Thank you Mr McQuaid!
McMillan's Appliance Plus LLC
17:35 06 Jul 18
If you're looking for a excellent attorney look no further, Sean is hands down the BEST. I've used him several times he has ALWAYS exceeded my expectations. He's very well known and respected amongst the Pinellas country courts, Sean will truly go to bat for you when it matters. Most importantly he's a lawyer with honesty and integrity would HIGHLY recommend to anybody in need.
Dan Tellone
15:44 25 Jun 18
He did a great job I would use him as my lawyer in the future if needed and I would definitely recommend him to my family and friends. Thanks for everything you did for me I appreciate everything! King
Carrie King
03:19 17 Feb 18
Sean McQuaid is an amazing attorney. He has worked with me on 2 cases. Both of which I was extremely satisfied with the outcome. During the entire process, he always kept me up to date and was easy to get ahold of. If I had questions, he would always get back to me right away. He made going through a difficult time much less stressful. And for that I am truly grateful.
Alicia Liberatore
04:58 08 Dec 17
Sean McQuaid and his team where extremely professional and very forthcoming. His response time to requests is impeccable. He is fair, very compassionate and very thorough. He was very protective of myself and my care. He followed through weekly and often daily with my physicians to ensure I received the best care. Thank you, Sean for such an amazing outcome to what was a very difficult time in my life.
Jennifer Fintz
15:51 17 Nov 17

St Petersburg Personal Injury Attorneys McQuaid & Douglas
5858 Central Ave suite a, St Petersburg, FL (727) 381-2300
5 out of 5 Stars based on Google Reviews

Sean McQuaid and Jonathon Douglas were voted best attorneys in Saint Petersburg, Florida for 2020.

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We represent clients throughout Southwest Florida

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Sean McQuaid and Jonathon Douglas are experienced motorcycle accident lawyers in St. Petersburg.  We have handed countless motorcycle claims over the decades.  We can help you and your family through this difficult time.  If you have a question about whether you have a claim, or have any questions, please contact us for a free consultation.  We always will put your best interests first.

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