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Wrongful Death

Our lawyer helps people whose child, spouse, or other relative died through the negligence or intentionally wrongful conduct of another party. No matter whether the death was caused by a doctor’s malpractice or by a criminal act, our attorneys make the responsible party pay for the financial and emotional support that has been taken away from you.

Understanding the rights granted to you under Florida law

Holding people responsible when their actions cause someone to die is the basis behind the Wrongful Death Act in Florida. The law creates a right for certain family members to be compensated when a relative’s death is the result of negligence, a wrongful act, a default or breach of contract by another person or entity (such as the government, a business, or some other organization).

The claim for damages is brought as a lawsuit in civil court by the estate of the deceased individual. Even though it is filed by the representative of the estate, a wrongful death claim is actually brought for the benefit of relatives of the deceased, designated in the statute, as entitled to recover compensation:

  • Spouse
  • Child or children
  • Parents
  • Blood relatives and adoptive brothers or sisters who, at the time of the death, depended upon the deceased for support and services

Florida wrongful death claims are complex legal proceedings, demanding the services of an experienced West Palm Beach wrongful death lawyer with an insightful understanding of the law, to ensure compliance with the statute. For example, the time an injured person has to file a lawsuit against the party whose negligence caused the injuries is four years from the date of the occurrence. But this is not the case if the negligent conduct causes the victim to die. Wrongful death claims must be brought within two years to preserve your right to recover damages, so we get to work protecting your rights as soon as you ask us to represent you.

Wrongful death damages

Man in a stretcher due to wrongful accident in West Palm BeachA claim under the Florida Wrongful Death Act may arise through any of a number of different situations, including the following:

  • Motor vehicle accidents
  • Physician and hospital malpractice
  • Premises liability accidents
  • Defective product injuries
  • Intentional, wrongful acts, such as assault and other criminal conduct

Wrongful death claims provide monetary compensation for the loss suffered by family members as opposed to a criminal prosecution where the purpose is to punish the accused for criminal acts. It is our responsibility, as your lawyers, to gather evidence that proves the monetary losses you suffered as well as proving the death was caused by the party against whom the claim is made.

We take our commitment to you and your family seriously, and we thoroughly prepare each case as though it is going to trial. Thorough preparation lets insurance claims adjusters know we will not settle a claim when the amount offered fails to provide the compensation the law entitles you to receive, including:

  • The support, including services, provided to you by your deceased family member.
  • The companionship and guidance you received from your loved one.
  • If the deceased was your child, the emotional pain and suffering the death caused you to experience.
  • Reimbursement for medical expenses and funeral costs you paid on behalf of your deceased family member.

The Wrongful Death Act also allows for recovery of damages suffered by the estate of the deceased, such as past and future earnings lost by the deceased and medical or funeral costs paid by the estate rather than by a family member.

Speak with an experienced West Palm Beach wrongful death lawyer

When the death of a loved one turns your world upside down, the compassionate West Palm Beach wrongful death lawyer at the Law Offices of David M. Benenfeld, P.A., provides the skilled and aggressive legal representation you need to hold the responsible party liable to pay wrongful death compensation. While you mourn your loss, we go to work investigating the cause of the death and gathering the evidence to prove that you are entitled to recover damages. Call us now at (866) 943-5766, or use the online contact form to arrange for a free initial consultation with our West Palm Beach wrongful death lawyer.

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Fort Lauderdale Wrongful Death Lawyer

Wrongful Death Lawyer | Fort Lauderdale, FL | Call 954-677-0155

The loss of a loved one takes a toll on surviving family members, but the pain and hardship is even greater when the death is the result of the wrongful conduct or negligence of another party. Florida law grants the representative of the estate of a deceased person the right to seek compensation from the party responsible through a wrongful death action.

We understand how difficult the death of a family member can be, so we are here to help you get through it. At the Law Offices of David M. Benenfeld, P.A, we give you the freedom to grieve for your loved one by removing the burden of gathering and preserving evidence, and we deal with the insurance companies and the claims adjusters to take this burden off your shoulders. Our compassionate lawyer uses his years of experience successfully representing families in wrongful death claims to make the party responsible for the death of your loved one pay the compensation you deserve.

The Florida Wrongful Death Act

When a person’s death is caused by the intentional or negligent act of another party, the Florida Wrongful Death Act allows the creation of a civil claim on behalf of certain members of the family of the deceased to recover compensation. Common causes of death giving rise to a wrongful death claim include:

  • Motor vehicle accidents, including vehicles colliding with pedestrians and bicycle riders
  • Premises liability, such as slip-and-fall accidents and dog attacks
  • Defective products
  • Medical malpractice
  • Boating and aviation accidents
  • Public transit accidents

Murder, manslaughter, and other criminal offenses that cause the death of a victim can be the basis for a wrongful death claim as well.

The Florida Wrongful Death Act defines the claim as valid when a victim dies as a result of the following conduct of another person or entity:

  • Wrongful acts
  • Negligence
  • Breach or default of a contractual obligation
  • Breach of warranty

The insightful knowledge of the statute, possessed by a skilled Fort Lauderdale wrongful death attorney, is essential for identifying when a wrongful death claim could benefit a family. For example, the death of a family member caused by the explosion of a defective consumer product could give rise to a wrongful death claim based upon a breach of warranty by the manufacturer.

Family members entitled compensation

A wrongful death claim is a civil action brought by the representative of the estate of the victim on behalf of family members identified in the statute. Only the following relatives of the deceased may benefit from a wrongful death action:

  • Spouse
  • Children
  • Parents
  • Blood relatives, including brothers and sisters of the deceased, who depended upon the person for support

Our Fort Lauderdale wrongful death lawyer aggressively pursues all damages available to family members under the Florida wrongful death statute, including:

  • The income and support family members would have received from the deceased.
  • The emotional pain and suffering of the spouse caused by the loss of the companionship of the deceased.
  • The loss by minor children of their deceased parent’s guidance and companionship. A minor child under the statute is defined as someone younger than 25 years of age.
  • Parents may recover damages for the mental anguish and emotional suffering they suffered from the loss of a minor child. If the deceased was an adult, the parents may recover damages for pain and suffering only when no there are no other relatives eligible for compensation.
  • A family member who paid medical expenses related to the injuries suffered by the victim, or who paid funeral costs, may recover them in a wrongful death action.

Our commitment to advocating on your behalf includes conducting a thorough investigation into the circumstances of your family member’s death. When the facts and the evidence support it, courts have the power to award punitive damages to send a message in cases involving extreme conduct that is intentional, reckless, or grossly negligent.

We handle more than wrongful death claims

Our full-service personal injury law firm also handles the following legal matters:

  • Slip & fall accidents
  • Car accidents
  • Motorcycle accidents
  • Bicycle accidents
  • Workers’ compensation
  • Nursing home abuse
  • and others

Fort Lauderdale wrongful death lawyer protecting your right to compensation

It is common for families confronting a sudden loss to be confused and uncertain about what to do or who to contact for help. At the Law Offices of David M. Benenfeld, P.A, we want you to understand your rights and what is involved in a wrongful death claim. Taking the time to answer your questions, or address any concerns you might have about how the death of your loved one has affected your life, is one of the many ways we strive to help during this difficult time in your life. Call us now at (954) 530-8077, or complete the online contact form to schedule a free consultation with our Fort Lauderdale wrongful death lawyers.

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Sunrise Wrongful Death Lawyer

The loss of a loved one is devastating enough. When it is the result of someone else’s negligence or incompetence, the emotional pain can be almost unbearable. Sadly, this suffering is often compounded by insurance companies and their representatives denying their client’s responsibility for your loved one’s death, or offering, at best, token compensation. They may even go so far as to accuse you of being at fault, irrational or looking for a scapegoat.

Lawyer David Benenfeld understands that your feelings of sadness and anger are entirely justified. He is dedicated to holding the people responsible for your loss accountable. Mr. Benenfeld is one of the most respected personal injury attorneys in all of South Florida. He has helped numerous families cope with their grief, obtain all of the money they deserve for their loss, and ultimately, achieve a sense of closure.

Wrongful death can be the result of many factors

Professional Negligence: It’s sad but true. Some professionals simply do not meet the levels of competence that their duties require, or they become distracted from their responsibilities for any number of reasons. A serious injury escapes the notice of a paramedic; a doctor commits medical malpractice; a police officer fires his or her weapon when it was not necessary; a lifeguard doesn’t notice a swimmer who is drowning or fails to respond appropriately; a pharmacist misreads a prescription and provides the patient with the wrong medication. As a result, someone dies. If you believe you have lost a loved one due to the incompetence or negligence of another, contact Mr. Benenfeld today.  A skilled Sunrise, FL wrongful death law firm may be able to help you win a case and obtain the financial compensation you deserve.

Drunk Driving: In 2006, more than 1,000 people were killed in alcohol-related accidents in Florida alone. The wrongful death of a loved one at the hands of a drunk driver is one of the most painful and frustrating tragedies any family can experience. Defense lawyers often argue that the drunk driver who caused another’s death has suffered enough, Mr. Benenfeld knows better-the family is suffering, not the driver. He will fight tooth and nail to hold the responsible driver accountable for his or her crime and help you obtain the compensation you deserve for your loss.

Harmful Products: In the business world, companies focus on the bottom line. Unfortunately, this sometimes leads them to manufacture or market products that, while profitable, cause the death of people who purchase and use the product.Thousands of Americans die every year from using hazardous products, including pharmaceuticals, dangerous chemicals, defective tires and many more. If you or someone you love has been injured or killed by using a harmful product, Mr. Benenfeld can help you obtain all of the financial compensation to which you are entitled.

The financial impact of wrongful death on survivors

Let’s put aside, for a moment, the devastating emotional suffering that accompanies losing a loved one due to the negligent actions of another. Many American families rely on two paychecks to cover basic expenses such as a mortgage, utilities, groceries, automobile payments, insurance, and the day-to-day cost of raising a family. The loss of one of these paychecks often leads to financial catastrophe for the entire family.

This is why you owe it to yourself and your surviving family members to pursue a claim of wrongful death against the party responsible for the loss of your loved one. It’s not about revenge. It’s about obtaining financial compensation for your loss so that you and your family can survive. Once the matter has been settled, you will be better able to focus on the emotional aspects of the loss of your loved one and gain a sense of closure.

Dedicated Sunrise wrongful death lawyer providing justice for victims in South Florida

David Benenfeld is an aggressive, respected and sought-after advocate for victims of personal injury throughout South Florida. He understands the tactics employed by insurance companies and their representatives to deny all responsibility for the injury or death and to minimize the amount of money they pay to victims. His reputation precedes him. Insurance company lawyers and adjusters are well aware that if Mr. Benenfeld has accepted the case, they are in for a fight, their usual tricks will not work, and they had better take the matter seriously.

If you have recently lost a loved one due to circumstances that could have been prevented, or due to the negligence or incompetence of someone else, contact The Law Offices of David M. Benenfeld P.A. for a free legal consultation today. It’s your case. Your future. Your life. You deserve the best possible representation. You’ll get precisely that with Sunrise wrongful death lawyer David M. Benenfeld.

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Wrongful Death Lawyer

Losing a loved one as a result of someone else’s carelessness or wrongdoing is a particularly unique emotional pain. Losing anyone is utterly painful, of course. But when the loss was avoidable, the pain can seem to blend into anger and back – over and over again. It is typically some type of accident that brings on such an unexpected death. And while loved ones are still in a state of shock over learning of the accident, they must also deal with difficult questions surrounding the circumstances of the death. Let our compassionate, seasoned lawyer help to ease your stress, confusion, and pain at chaotic times like this.

What Is Wrongful Death?

Florida Statutes section 768.19 states that when a person’s death:

  • “is caused by the wrongful act, negligence, default, or breach of contract” of another person, and
  • that wrongful act would have entitled the injured person to sue for damages if they had lived,
  • then there is a cause of action for wrongful death.

Who Can File a Wrongful Death Claim?

Florida law requires a personal representative of the deceased person’s estate to file a wrongful death claim. The decedent may have appointed a personal representative in their will, or one can be appointed by the courts. But this representative is filing on behalf of the surviving family members, which are typically the immediate family and include parents, spouses, or children. But if the deceased left no immediate family, then siblings, grandchildren, and other relatives can recover.

What Types of Damages Are Awarded in Wrongful Death Cases?

Medical Bills: Oftentimes the deceased person may have spent time in a hospital or incurred other medical expenses prior to their death. These bills can pile up, leaving the survivors with a financial mess. A wrongful death claim can assist loved ones by covering the costs for these types of medical expenses.

Funeral and Burial Expenses: Any costs associated with the funeral, burial, or cremation of the deceased can be recovered as well.

Loss of Income / Financial Support: If the deceased financially supported anyone – from children to parents and the like – then those individuals are entitled to receive compensation for the financial hardship that the death has wrought. This amount takes into consideration the average number of working years that would have been left in the deceased’s life (but for the wrongful act of the defendant), and the average amount of income that the deceased would have earned during their remaining working years.

Loss of Services: If the deceased performed tasks that enriched the lives of his or her loved ones, then these are factored into the award as well. For instance, if Joe dies and leaves behind an elderly mother who depended on him to fetch her groceries, shovel her driveway in the winter, mow her lawn in the summer, and tend to other necessities that helped her survive, then his mother is entitled to recover for the value of these services that she will no longer get from her son.

Loss of Consortium: Loss of consortium is often recoverable by the spouse. This term refers to not only the loss of the marital sexual relationship, but also the intimacy and companionship of the marital relationship as a whole.

Emotional Pain and Suffering: This one is fairly self-explanatory. The death of a loved one, particularly an unexpected one, can leave the survivors grieving for years. And when that pain was caused by someone’s negligence or worse, then it can be compensated.

What Types of Events Can Qualify

Any type of accident can lead to death and therefore to a wrongful death claim. The key factor is that the accident must have been caused by someone else’s negligent or wrongful act. Types of incidents include, but are not limited to:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Slip and Falls
  • Defective Products
  • Insufficient Security at an Event
  • Medical Malpractice
  • Construction site accident
  • Accidents on the job (besides construction)

This is by no means an exhaustive list, as there is almost an infinite variety of accidents or circumstances that could lead to a wrongful death claim. Speaking to a knowledgeable Deerfield Beach wrongful death lawyer is the only way to know for sure if you have a solid case.

Contact an Experienced Deerfield Beach Wrongful Death Lawyer to Discuss Your Options

Dealing with the death of a loved one is one of the hardest things we must do in this life. And when that death was premature and due to someone’s negligence or wrongful conduct, you need an advocate who is there for you and your family. Let us help you pick up the pieces by contacting the Law Offices of David M. Benenfeld P.A. Our Deerfield Beach wrongful death lawyers can help alleviate your stress during this most difficult time, and we can take care of the legal details so you have time to heal. Give our office a call or contact us online to schedule your free, no-obligation case evaluation today.

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