Wrongful Death Attorneys Miami
Panter, Panter & Sampedro represents families in wrongful death cases arising from negligence, medical malpractice, dangerous products, motor vehicle crashes, and other fatal incidents. Wrongful death claims in Florida are civil cases brought to recover damages for the surviving family and the estate. With more than 30 years of experience, Panter, Panter & Sampedro helps families pursue accountability and financial recovery after a preventable loss.
A wrongful death claim arises when a person dies because of another person’s, or a legal entity’s, misconduct. In Florida, a wrongful death lawsuit is a civil action, which means the claim is separate from any criminal case that may or may not arise from the same event. A civil wrongful death case focuses on accountability and the financial losses suffered by the surviving family and the estate.
Why Families in Miami Turn to Panter, Panter & Sampedro
Families throughout Miami and South Florida turn to Panter, Panter & Sampedro for wrongful death representation because the firm offers:
- More than 30 years of experience in serious injury and wrongful death litigation
- Substantial verdicts and settlements in fatal negligence matters
- Board-certified civil trial attorneys
- Direct attorney guidance and individualized attention
- Representation on a contingency fee basis, with no attorney’s fee unless there is a recovery
Wrongful death cases can place enormous emotional and financial strain on a family. Panter, Panter & Sampedro provides careful case preparation and strong advocacy aimed at helping families pursue accountability and compensation under Florida law.
Notable Wrongful Death Cases in Miami
The attorneys at Panter, Panter & Sampedro have not only represented families after devastating losses, but have also worked to hold negligent individuals, businesses, and institutions accountable when preventable deaths occur. The following case results reflect the firm’s work in wrongful death and fatal negligence matters.
In 2010, a teen, riding as a passenger in his friend’s car, was killed when the vehicle collided with a police car in Miami Beach. The victim’s mother retained an attorney to prove that the collision was the police officer’s fault due to speeding and not having his siren or flashing lights on. He was also not responding to an emergency at the time of the incident. Police refused to cooperate with the investigation claiming that the teen was not wearing his seat belt and died as a result of being unbelted. The family’s attorneys countered this claim by having a medical examiner testify the teen’s organs were crushed when the police car slammed into his side. Ultimately, the jury awarded the victim’s mother $3.54 million. That amount, however, was cut in half to $1.77 million because the jury found the driver to be 50 percent responsible for the crash.
Panter, Panter & Sampedro secured a $1.4 million settlement for a family after a hospital patient died from a preventable medication overdose. The patient was prescribed Lovenox after doctors discovered a dangerous blood clot, but a consulting specialist instructed that the dosage be reduced if follow-up testing ruled out a pulmonary embolism. When the scan came back negative, that lower dose was not implemented. Instead, the patient continued receiving the higher dose, suffered severe internal bleeding, went into cardiac arrest, and later died. The firm investigated the medical records, worked with medical experts, and built the case around breakdowns in provider communication and the failure to follow clear treatment instructions.
Panter, Panter & Sampedro obtained a $1.1 million policy limits settlement after a woman drowned while swimming in a river promoted as part of a vacation rental property experience. The victim and her husband booked the property to celebrate their anniversary, unaware that the river behind the home posed a serious danger and that no warnings, safeguards, or safety equipment had been provided. The firm’s investigation uncovered that another guest had died in the same waterway only weeks earlier and that the property owners had been notified of that earlier drowning. Despite that knowledge, the owners allegedly continued marketing the river to guests without warning them of the hazard. After uncovering those facts, secured the policy limits settlement for the family.
Hundreds of 5 Star Reviews
Pursuing Compensation Through A Wrongful Death Lawsuit
Wrongful Death Claims
There are many different ways a wrongful death claim can arise. Fundamentally, most wrongful death claims are based upon a death resulting from negligence. This means that someone was not exercising appropriate or ethical care. There are always four elements in negligence:
- Duty – the defendant has a duty to people, including the person bringing the suit, to exercise a reasonable level of care
- Breach – the person being sued fails to uphold that duty through action or inaction
- Damages – because of that action or inaction, the person bringing the suit suffered
- Causation – the injuries were a direct result of someone’s action or inaction
Types of Fatal Accidents That May Lead to a Wrongful Death Claim
Wrongful death claims may arise from many different types of fatal incidents in Florida. Examples include:
- Medical malpractice
- Defective products
- Workplace accidents
- Car accidents
- Truck accidents
- Aviation accidents
- Pedestrian accidents
If the facts are unclear, families can contact Panter, Panter & Sampedro for a free consultation to discuss whether the loss may give rise to a wrongful death claim.
Wrongful Death vs. Manslaughter
Wrongful death and manslaughter are different legal matters. Manslaughter is a criminal matter prosecuted by the government. A wrongful death claim is a civil case seeking compensation for losses suffered by the surviving family and the estate.
A civil wrongful death case may proceed whether or not criminal charges are filed. Damages in a wrongful death case may include medical expenses, funeral expenses, lost financial support, and other losses recognized under Florida law.
Why Timing Matters in Miami Wrongful Death Cases
There are several reasons why it is imperative to move quickly, including establishing the estate, gathering information, and the statute of limitations for filing a lawsuit.
- Establish an estate so there is a proper party to pursue a case and a claim.
- Gather information and document the losses, which could include economic damages like medical expenses and noneconomic damages like pain and suffering.
- Generally, the statute of limitations or deadline to file a lawsuit for wrongful death in Florida is two years from the time of the incident that caused the injury or death.
Due to this timeline, representatives of the decedent’s estate and surviving family members should contact an attorney promptly.
Watch: Why Timing Matters in Wrongful Death Cases in Florida
What Compensation May Be Available in a Florida Wrongful Death Case
We understand that losing a loved one is incredibly difficult. In addition to the tremendous emotional loss, a wrongful death may create major financial harm for surviving family members.
Depending on the facts of the case, compensation in a wrongful death claim may include:
- Medical expenses
- Funeral and burial expenses
- Lost income or support
- Other damages permitted under Florida law.
When a wrongful death lawsuit goes to trial, the jury is responsible for determining the damages after they have heard all of the evidence. That being said, the court has final say, and can adjust the damages up or down.
Depending on the circumstances of the death, there may also be punitive damages. Our legal system doesn’t want people to act negligently, which means that it will actively punish those who do wrong. In some cases, the court may award the plaintiff even more money to stop others from doing the same thing.
Because wrongful death claims are subject to filing deadlines and case-specific legal rules, families should speak with a wrongful death attorney as soon as possible.
Who Can Bring a Wrongful Death Claim in Florida?
Under Florida’s Wrongful Death Act, the personal representative of the deceased individual’s estate generally brings the wrongful death claim on behalf of the estate and eligible surviving family members. However, the family members who may recover damages, and the types of damages available, depend on the survivor’s relationship to the deceased and the circumstances of the case.
The parties who can claim noneconomic damages in wrongful death claims (with the exception of medical malpractice) are:
- A surviving legally married spouse
- Minor children under the age of 25
- Adult children, when there is no surviving spouse
- Parents of a deceased minor child
- Parents of a deceased adult child if the deceased does not have a spouse or children
IN medical malpractice wrongful death claims the legal spouse of the decedent and minor children under 25 years of age are permitted to claim noneconomic damages.
How A Wrongful Death Lawsuit Works
When you first hire an attorney, the law firm goes through a process called investigation. This is where lawyers on both sides try to collect all of the relevant facts about the case. A good lawyer will also look through the wrongful death statutes, to see which parts of law or case law apply to the case.
Before the trial, both groups of lawyers may attempt to negotiate with each other to settle the lawsuit out of court. If liability is extremely clear, this can happen. Otherwise it is not very common. If this negotiation fails, the trial will proceed.
How Do You Prove Wrongful Death
There are many different sources of evidence that can help you win your wrongful death lawsuit. Depending on the case, that evidence may include, but is not limited to:
- Pictures and videos of the scene of the accident
- Medical records
- Eyewitness reports
- Police reports
- Expert testimony
- Income statements
Because evidence may be lost or become harder to obtain over time, it is important to begin investigating a wrongful death case as early as possible.
Miami Wrongful Death Lawyers
Our team at Panter Law has the expertise that you need to win your case. We have already helped many people throughout South Florida, and we would be proud to help you next. It can be incredibly daunting to face the legal system by yourself, especially after the death of a loved one.
We understand what people go through after someone has passed in their family. Our team is fully committed to ensuring that justice is done.
No Recovery, No Fee
The firm handles wrongful death cases on a contingency fee basis. That means there is no attorney’s fee unless there is a recovery.
Book a free consultation with one of our wrongful death attorneys.
Statute note
*On March 24, 2023, Governor Ron DeSantis signed House Bill (HB) 837, reducing Florida’s statute of limitations for general negligence cases from four years to two years. In other words, a lawsuit alleging negligence must now be filed within two years of the date of the alleged negligence or the claim will be forever barred.
