The death of a loved one is an incredibly difficult and emotional experience. When it is caused by the negligence or wrongdoing of another person, their passing can feel unbearable.
In situations like these, a Pembroke Pines wrongful death lawyer may help victims pursue compensation for their negligent, reckless, or careless actions.
At Garnes Injury Law, we know you need support in this difficult time. Our experienced team of attorneys is here to help you navigate the complex legal process and fight for justice on behalf of your loved one.
Schedule a free case evaluation online or at (954) 905-2683 to learn how we can help you confidently pursue justice and compensation for the death of your loved one.
Pembroke Pines Wrongful Death Guide
- Why Choose Our Wrongful Death Attorneys in Pembroke Pines?
- How Do I Know If I Have a Valid Case?
- What Are the Criteria for Filing a Wrongful Death Claim?
- Who Can File a Lawsuit in Florida?
- How Much Compensation Can I Receive?
- How Are Settlements Paid Out in Florida?
- How Do I File a Wrongful Death Lawsuit?
- How Does Insurance Affect My Case?
- Pembroke Pines Wrongful Death Attorney FAQs
- Garnes Injury Law | Wrongful Death Lawyers Ready To Help You
Why Choose Our Wrongful Death Attorneys in Pembroke Pines?
Though no amount of money can make up for a family member’s passing, financial compensation can help ease the burden of funeral expenses, medical bills, lost income, and other damages.
Whether the death was caused by a fatal car accident, medical malpractice, or any other type of death-causing accident, our attorneys have what it takes to fight for the justice and compensation you deserve.
Dedicated to helping all members of the Pembroke Pines community, we proudly offer compassionate and comprehensive legal support in English and Spanish.
With contingency fee payment structures that save you from paying upfront costs, we make it easy for you to access elite legal representation without adding to your financial and emotional burden.
Losing a loved one is never easy, but having the right lawyer on your side can make all the difference in getting closure and justice. Contact Garnes Injury Law today to schedule your free case evaluation with our compassionate and experienced Pembroke Pines wrongful death lawyers.
How Do I Know If I Have a Valid Case?
If the negligence or wrongdoing of someone else caused the death, you may have a valid case.
Common situations that may qualify for compensation in a lawsuit include:
- Car accidents caused by a distracted, drunk, or reckless driver
- Medical malpractice or negligence resulting in death
- Workplace accidents due to employer negligence or failure to provide a safe environment
- Defective products that cause fatal injuries
- Criminal acts leading to the death of a loved one
If you don’t know whether you have a case, our Pembroke Pines wrongful death lawyers can help you. We offer free case evaluations and can review the details of your situation to determine if you have grounds for legal action.
What Are the Criteria for Filing a Wrongful Death Claim?
Florida law lays out many specific criteria for determining eligibility to file a compensation claim when your loved one dies from negligent, reckless, or careless actions:
- The negligence or intentional act of another person caused the death
- Surviving family members have suffered financial losses as a result of the death
- A personal representative will handle the deceased’s estate
It isn’t always easy to tell if your situation meets all the criteria to file a lawsuit seeking compensation for the passing of your loved one.
Fortunately, our wrongful death lawyers in Pembroke Pines can navigate these complex legal requirements. They can determine the most suitable legal options for seeking justice.
Who Can File a Lawsuit in Florida?
Only the personal representative of the deceased’s estate can file these lawsuits in Florida. If the deceased left no will or estate plan, the court will appoint a personal representative to act on behalf of the family members seeking compensation.
To qualify as a personal representative, an individual must:
- Be at least 18 years old.
- Reside in Florida at the time of the death.
- Be mentally and physically capable of fulfilling the role.
- Have no disqualifying criminal record.
- Have no history of abusing, neglecting, or exploiting an elderly or disabled person.
Exceptions apply to the residency requirement.
A person outside of Florida may still serve if they are:
- The adoptive parent or child of the deceased.
- A direct relative, such as a child, grandchild, parent, or grandparent.
- A family member, including a spouse, sibling, aunt, uncle, niece, or nephew.
Florida law also allows banks or trust companies with fiduciary authorization to serve as personal representatives.
The complicated nature of determining who is eligible to file highlights the importance of having a knowledgeable and experienced attorney handling your case.
We have successfully handled numerous cases in Pembroke Pines and across Florida, making our personal injury law firm a trusted choice for those seeking justice after negligent actions cause the death of a family member.
How Much Compensation Can I Receive?
Every case is unique, and many factors can influence the final settlement or verdict amount, including:
- The age and earning potential of the deceased
- Financial losses incurred by surviving family members
- Emotional pain and suffering of survivors
- Medical expenses related to the death
- Funeral expenses
- Loss of companionship and guidance for children
Ultimately, a lawsuit may result in compensation ranging from thousands to millions of dollars. Trust an experienced attorney from Garnes Injury Law to fight for maximum compensation.
How Are Settlements Paid Out in Florida?
Florida Statute 768.21 lays out how surviving family members receive settlements. Typically, the estate will first pay for any outstanding medical bills and funeral expenses related to the death.
After that, compensation will go to surviving family members, typically in the following order:
- Spouse and children (or grandchildren if no children)
- Parents
- Siblings
- Other relatives who were financially dependent on the deceased
The amount of compensation each receives is based on their relationship to the deceased, the losses they suffered, and specific arrangements made in the will or estate.
Other considerations may include:
- the financial support provided by the deceased
- The age of the surviving family member
- Whether dependants have any pre-existing conditions or disabilities that could impact their ability to work and earn income
For assistance understanding how much compensation you and your grieving loved ones may receive in a settlement, contact our firm for a free case evaluation.
How Do I File a Wrongful Death Lawsuit?
There are many complicated steps involved in filing these cases. Without the help of a lawyer you may find that the path to obtaining justice is burdensome, confusing, and may even lead to diminished or denied compensation.
While the process is complex, the general steps for filing include:
- Gathering evidence and documentation related to the death
- Filing a petition with the court to appoint a personal representative for the deceased’s estate
- Filing a lawsuit stating your claim for compensation
- Attending mediation or engaging in settlement negotiations
- If no settlement is reached, taking your case to trial
The timeline for a case can vary greatly depending on its complexity, whether it goes to trial, and any appeals that may be filed.
With the help of an experienced lawyer, you can better overcome case obstacles and challenges, ensuring that eligible family members receive a fair settlement without unnecessary delays.
How Does Insurance Affect My Case?
Insurance companies play a major role in resolving these cases. However, their priority is often protecting their bottom line, not ensuring justice for grieving families.
As such, it’s not uncommon for insurers to employ tactics to minimize or deny payouts, leaving families to face unnecessary hurdles during an already overwhelming time.
Common insurance company tactics used to rob grieving family members of full and fair compensation include:
- Blaming the deceased: Insurers may try to shift responsibility, arguing that the deceased was partially or fully at fault for the accident.
- Minimizing damages: They might undervalue the financial and emotional losses suffered by the survivors.
- Delay strategies: Insurance providers may stall negotiations to pressure families into accepting lower settlements.
- Exploiting legal complexity: Insurers can push unfair outcomes by taking advantage of families unfamiliar with the law.
An experienced lawyer can challenge these tactics, ensuring you receive the compensation you deserve by:
- Countering blame tactics: Our attorneys can help dismantle attempts to shift responsibility onto the deceased, using strong evidence to defend your claim.
- Accurately valuing losses: We analyze every detail of your loss—economic and emotional—to ensure no damages are left unaccounted for in the final settlement.
- Challenging lowball settlements: The team pushes back against unfair offers, negotiating aggressively to secure a payout that reflects your true losses.
- Managing legal complexities: We efficiently navigate the intricacies of wrongful death cases, ensuring that no shady tactics or loopholes are used to shortchange your claim.
These invaluable services help level the playing field between grieving families and powerful insurance companies, ensuring that you receive the full extent of damages and losses suffered.
If you face challenges from insurers or defense attorneys trying to minimize your claim, turn to Garnes Injury Law for comprehensive legal representation that helps you recover the compensation you deserve.
Pembroke Pines Wrongful Death Attorney FAQs
How long do I have to file a wrongful death claim in Florida?
Under Florida law, you typically have two years from the date of death to file a claim or lawsuit. This is known as the statute of limitations. It’s best to consult with an experienced lawyer as soon as possible after your loved one’s death to ensure that you do not miss any deadlines for filing.
Can I challenge the insurance company’s decision to deny my claim?
You can challenge an insurance company’s decision if they reject your claim or offer a low settlement amount. An experienced lawyer can help review your case and determine the best course of action for appealing the insurer’s decision.
How much does it cost to hire a personal injury attorney?
At Garnes Injury Law, we provide legal support on a contingency fee basis. This allows you to obtain legal representation without any upfront costs or fees. We only collect a percentage if we win your case.
Will I have to testify in court?
You may have to testify in court if your case goes to trial. However, most cases are settled outside of court through negotiations and mediation. Your lawyer will be there every step of the way to guide and support you through any legal proceedings.
How do I know what caused my loved one’s death?
An experienced lawyer can assist in gathering evidence and conducting a thorough investigation into the cause of your loved one’s death. They will work with experts, review medical records, and analyze any other relevant information to determine the cause of death and who may be liable for it.
Garnes Injury Law | Wrongful Death Lawyers Ready To Help You
At Garnes Injury Law, we understand the immense pain and suffering that comes with losing a loved one due to someone else’s negligence or misconduct.
Our experienced Pembroke Pines personal injury lawyers are dedicated to fighting for justice on behalf of grieving families and helping them receive the compensation they deserve.
If you have lost a loved one, do not hesitate to contact our team for a free consultation online or at (954) 905-2683.
Garnes Injury Law – Pembroke Pines Office Location
Address: 10796 Pines Blvd Suite 206,
Pembroke Pines, FL 33026
Phone: (954) 905-2683
