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Wrongful Death Attorneys Miami

The death of a loved one can be truly devastating, especially if it is caused by someone being careless, negligent or willfully harmful. For over 30 years, our experienced attorneys at Panter, Panter and Sampedro have litigated wrongful death cases to help families like yours recover damages for their emotional suffering and financial losses. Let our family help your family.

    Wrongful death is when a person dies because of another person’s, or a legal entity’s, misconduct. While it is entirely possible that the person or entity may face some criminal prosecution, a wrongful death lawsuit is a civil action. That means that the guilty party would need to pay, and the standard of proof is not as high as it is in criminal cases.

    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

    Wrongful Death Examples

    There are many different ways you can bring about a wrongful death tort in Florida. The following list is not meant to be comprehensive. If you are not sure, it would be a good idea to call this wrongful death law firm to ask. Check out the list below:

    Wrongful Death vs. Manslaughter

    Wrongful death and manslaughter are two different things. The biggest difference comes in which courts deal with the cases. Manslaughter is a criminal charge. As such, the state or the federal government prosecutes these charges. Because the result would be someone going to prison, the standard of evidence is higher.

    Wrongful death takes place in civil courts. Typically, close relatives of the deceased files charges. If the defendant is found guilty, then they will pay damages for medical bills, funeral expenses, the expected loss of income, and more.

    Wrongful Death Lawsuit Cases

    We understand that losing a loved one is incredibly difficult. Our team is here to guide you every step of the way.

    There is a *statute of limitations in Florida. That means that you need to act quickly. Talk to a lawyer as soon as possible in order to pursue your claim.

    In a wrongful death suit, 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 they will actively punish those who do wrong. The court may decide that the action was so wrong that they award the plaintiff even more money, to stop others from doing the same thing.

    Our Personal Injury Case Results Speak for Themselves

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    Lack of Security Results in Shooting Death of Student-Athlete

    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. The below is a good starting point, but it is not meant to be a complete list:

    • Pictures and videos of the scene of the accident
    • Medical records
    • Eyewitness reports
    • Police reports
    • Expert testimony
    • Income statements

    This can be daunting to collect and use in court. It is a good idea to leave this to an experienced wrongful death lawyer. We can take care of all of this for you.

    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 your family. Our team is fully committed to ensuring that justice is done. Call us today.

    *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.

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    Panter, Panter & Sampedro
    Panter, Panter & Sampedro

    Personal Injury

    Frequently Asked Questions

    • Panter, Panter & Sampedro is among the leading personal injury law firms in South Florida. For more than 30 years, our Board Certified trial attorneys have represented individuals injured by negligent parties in cases of significant size and complexity across various practice areas.

      We are a different kind of law firm, with the legal skill and expertise needed to serve our clients, and an unwavering dedication to family values.

      We believe our success, both inside and outside the courtroom, is defined by what we care about — it’s that simple. Panter, Panter & Sampedro is an award-winning personal injury law firm — but more than that — it is a group of people that genuinely cares about protecting the rights of individuals suffering as a result of wrongdoing and negligence.

    • With a track record of success in working closely with each client, our legal team has secured millions of dollars in compensation for thousands of accident victims and their families over the course of three decades. We guide our clients through the entire legal proceedings, from filing the initial complaint to assisting with the proper distribution of funds once compensation is awarded.

      Our vast trial experience includes substantial verdicts and settlements in cases involving motor vehicle accidents, medical malpractice, product liability, slip-and-fall, catastrophic injuries, wrongful death and more.

      Panter, Panter & Sampedro’s proven team of civil trial lawyers are relied upon by the Miami and South Florida community to protect their rights and ensure justice is served by securing the best verdicts and recoveries possible.

      When our firm takes on a personal injury claim, we aggressively represent our clients and fight for the maximum compensation under the law. Rest assured that no matter how difficult the case, we are prepared to serve as your most ardent legal advocates and welcome the opportunity to hold the culpable parties accountable.  

      Panter, Panter & Sampedro proudly serves residents throughout South Florida — including Miami-Dade, Broward, and Palm Beach Counties.

    • No recovery, no fees.

      We believe that everyone, regardless of their financial status, should have access to sound legal counsel as they exercise their right to pursue justice and redress any harm or wrongdoing.

      At Panter, Panter & Sampedro, all our services are offered on a “contingency fee” basis, which means that any payment to the firm completely depends on whether our efforts result in a financial recovery for our client.

      Any lawyer’s fees for representing the client will be deducted from the final personal injury settlement in the client’s case or from the damages awarded after a favorable verdict, in the event that the client’s case goes to trial.

      In general, attorneys can receive up to one-third of the gross amount of a pre-suit settlement or 40% of the gross settlement recovery once a Defendant files an answer to a lawsuit. These rules are regulated by the Florida Bar, and the following summarizes our contingency fee policy:

      • Client enters into an agreement granting legal authority to the firm to represent the client in exchange for attorneys fees paid in the form of a percentage of the total recovery.
      • The firm assumes all up-front financial costs and risk associated with litigating the case. All of these expenses are paid by the firm, and are only repaid if a recovery is won.
      • The client pays no fees whatsoever, hourly or otherwise.
      • The firm’s contingency fee percentage varies based on the type of case, level of complexity, and the foreseeable resources required to litigate it properly.
      • Every case is unique, but the contingency fee percentage is always clearly agreed upon by both parties and documented in writing upon retaining our services.
    • We can. Call 305-662-6178 or submit a request for your FREE CONSULTATION to speak directly with one of our knowledgeable personal injury lawyers. We will review your case at no charge. To learn more about personal injury, please read below.

      Personal injury law, also known as tort law, is designed to protect you if you or your property is injured or harmed because of someone else’s act or failure to act. In a successful tort action, the one who caused the injury or harm compensates the one who suffered the losses.

      Every tort claim, regardless of its basis, whether intentional, negligence, or strict liability, has two basic issues—liability and damages. Was the defendant liable for the damages you sustained, and, if so, what is the nature and extent of your damages? If you can prove liability and damages, our system of justice will award you compensation for your loss.

      Personal injury cases can involve:

    Personal Injury

    Traffic Accidents

    Medical Malpractice

    Premises Liability

    Product Liability

    Catastrophic Injuries

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