Broward County Wrongful Death Lawyer
Losing someone you love is devastating under any circumstances. When that loss comes suddenly, violently, and because of someone else’s carelessness or recklessness, the grief is compounded by something that can feel impossible to process: the knowledge that it did not have to happen. A Broward County wrongful death lawyer from the Law Offices of David M. Benenfeld, P.A. understands what is at stake when a family walks through our doors. This is not about paperwork or legal theory. It is about the person who is no longer at the dinner table, no longer answering the phone, no longer there. Our firm serves families throughout Broward County and surrounding areas, and we are committed to holding the people responsible for that loss fully accountable under Florida law.
What Florida’s Wrongful Death Act Actually Means for Your Family
Florida’s Wrongful Death Act, codified in Chapter 768 of the Florida Statutes, establishes the legal framework for claims when a person dies as a result of another party’s negligence, intentional conduct, or breach of duty. The law allows certain survivors and the deceased person’s estate to pursue compensation. What many families do not realize is that Florida law is specific about who can bring a wrongful death claim and what types of losses can be recovered. Only the personal representative of the deceased person’s estate may file the lawsuit, even though the damages ultimately benefit surviving family members.
Surviving spouses, children, and parents are among those who may be entitled to recover compensation for their losses, which can include the loss of financial support the deceased provided, loss of services and companionship, and in some cases mental pain and suffering. The estate itself may recover for medical expenses incurred before death, funeral costs, and lost earnings the deceased would have earned throughout a normal working life. Florida applies a modified comparative fault standard, meaning that even if the deceased was partially responsible for the incident, recovery may still be possible depending on the circumstances.
One aspect that surprises many families is the two-year statute of limitations under Florida law for wrongful death claims. The clock generally starts running from the date of death, not the date of the underlying accident or incident. Missing this deadline almost always means losing the right to pursue any claim entirely, no matter how compelling the facts may be. This is why reaching out to an attorney sooner rather than later matters so much when you are already dealing with grief, funeral arrangements, and the financial disruption a sudden death causes.
The Most Common Causes of Wrongful Death Cases in Broward County
Broward County consistently ranks among the most densely populated and heavily trafficked counties in Florida. The combination of Interstate 95, I-595, US-1, and State Road 84 running through the county creates corridors where serious and fatal accidents happen with troubling regularity. According to the most recent available data from the Florida Department of Highway Safety and Motor Vehicles, Broward County records hundreds of traffic fatalities in a typical year, with a significant portion involving commercial trucks, motorcycles, and pedestrians. Attorney David Benenfeld and his team have extensive experience representing families who have lost loved ones in these kinds of crashes.
Workplace fatalities represent another category of wrongful death claim that the firm handles regularly. Construction sites throughout Broward County, from Fort Lauderdale to Pompano Beach and Miramar, carry real and serious dangers. When an employer’s failure to follow safety standards or a third party’s negligence on a job site leads to a worker’s death, the surviving family may have legal options beyond the workers’ compensation system. A third-party wrongful death claim can allow the family to recover damages that workers’ compensation simply does not cover, including full compensation for lost future income and the full measure of pain and suffering experienced by survivors.
Nursing home deaths attributable to neglect or abuse, fatal slip and fall accidents on poorly maintained commercial properties, and deaths caused by defective products are also situations our firm handles. In each of these scenarios, the critical question is the same: did someone owe a duty of care to the person who died, did they breach that duty, and did that breach directly cause the death? Answering those questions thoroughly requires investigation, expert analysis, and an attorney who knows how to put those elements together in a way that compels results.
What the Claims Process Looks Like and What Families Should Expect
A wrongful death claim begins with an investigation. Before any demand is made or lawsuit is filed, our team works to gather evidence, including accident reports, witness statements, surveillance footage, medical records, employment records, and in some cases expert testimony from accident reconstructionists or medical professionals. The goal is to build a clear, well-supported picture of what happened, who was responsible, and what the full scope of the family’s losses looks like financially and emotionally.
Many wrongful death claims are resolved through negotiated settlements with the at-fault party’s insurance company. Insurers representing negligent drivers, property owners, employers, or manufacturers rarely volunteer a fair settlement without pressure. They have their own adjusters and legal teams working to minimize what they pay out. Having David Benenfeld on your side means the other side knows they are dealing with an attorney who has the experience and willingness to take a case to trial if the offer does not reflect the true value of the family’s loss. That reputation matters enormously at the negotiating table.
If a settlement cannot be reached, the case proceeds to litigation in the Broward County court system. The Broward County Courthouse is located in Fort Lauderdale at 201 SE 6th Street, and it is a venue where David Benenfeld has built a strong reputation over years of practice. He knows the local legal community, understands how Broward County judges approach these cases, and prepares every case as if it will go before a jury. That level of preparation is part of what has allowed the firm to secure results like $1.8 million and $1.5 million in workers’ compensation cases, and it reflects the same standard of commitment brought to wrongful death representation.
How Damages Are Calculated and Why the Numbers Matter
Calculating damages in a wrongful death case requires a careful, methodical analysis that goes far beyond adding up medical bills and funeral expenses. Economists and vocational experts are often called upon to project the deceased person’s anticipated lifetime earnings, factoring in career trajectory, education, and industry trends. A 35-year-old with decades of productive work ahead of them represents a very different financial loss than someone nearing retirement, and the law recognizes those distinctions.
The human losses matter just as much as the financial ones. A surviving spouse who has lost a partner of twenty years has lost not just income but companionship, support, shared responsibilities, and the irreplaceable presence of that person in daily life. Minor children who lose a parent face a childhood and in many cases an entire adult life shaped by that absence. Florida law allows survivors to seek compensation for these non-economic losses, and our firm takes the time to understand the full human dimension of what each family has lost before we put a number on a claim.
It is worth noting that punitive damages may be available in cases where the at-fault party’s conduct was especially egregious, such as a drunk driver, an employer who knowingly ignored repeated safety violations, or a nursing home that falsified records to conceal abuse. While punitive damages are not available in every wrongful death case, when the facts support them they can significantly increase the total recovery available to a family.
Broward County Wrongful Death FAQs
Who has the right to file a wrongful death lawsuit in Florida?
Under Florida law, the personal representative of the deceased person’s estate is the only party who can actually file the wrongful death lawsuit. However, the damages recovered through that lawsuit are distributed to eligible survivors, which can include the surviving spouse, children, and in some circumstances parents or other dependents. An attorney can help the family identify the proper representative and structure the claim correctly from the start.
What is the deadline for filing a wrongful death claim in Broward County?
Florida’s statute of limitations for wrongful death claims is generally two years from the date of death. This deadline is strict, and courts rarely allow exceptions. Waiting to consult with an attorney can result in losing evidence, losing witnesses, and ultimately losing the right to recover anything at all, regardless of how clear the other party’s fault may be.
Can a wrongful death claim be filed even if there is also a criminal case?
Yes. Civil wrongful death claims and criminal prosecutions are completely separate legal proceedings. A family can pursue a civil wrongful death claim regardless of whether criminal charges are filed, and regardless of the outcome of any criminal case. The standard of proof in a civil case is also lower than in a criminal case, which in some situations makes civil recovery more accessible even when a criminal conviction is not obtained.
What if the deceased person was partially at fault for the accident?
Florida follows a modified comparative fault standard. If the deceased person was found to be partially responsible for the incident that caused their death, the total damages available to the family may be reduced proportionally. However, if the deceased is found to be more than 50 percent at fault, Florida law may bar recovery entirely. An attorney can evaluate the specific facts to assess how fault is likely to be allocated.
Does workers’ compensation prevent a wrongful death claim if someone died on the job?
Not always. Workers’ compensation generally covers death benefits when an employee dies in a workplace accident, but it does not necessarily prevent a separate wrongful death lawsuit against a third party, meaning someone other than the employer, whose negligence contributed to the death. This could include a subcontractor, equipment manufacturer, or property owner. These third-party claims can allow a family to recover damages far beyond what workers’ compensation provides.
How long does a wrongful death case typically take to resolve?
The timeline varies significantly depending on the complexity of the case, the responsiveness of the insurance company or defendant, and whether the case settles or goes to trial. Some cases resolve within several months through negotiation. Others, particularly those involving disputed liability or multiple defendants, can take a year or more. Our team keeps clients informed throughout the process so there are no surprises.
Is there a cost to consult with the Law Offices of David M. Benenfeld about a wrongful death case?
No. All consultations with our firm are completely free of charge. We also handle wrongful death cases on a contingency fee basis, which means we do not charge any legal fees unless and until we recover compensation on your behalf. Our fee is a percentage of the amount we recover, so families never have to worry about paying legal costs out of pocket during what is already an incredibly difficult time.
Serving Throughout Broward County and South Florida
The Law Offices of David M. Benenfeld serves families across the full breadth of Broward County and the surrounding region. Our main office is located in Sunrise, conveniently situated for clients coming from western Broward communities like Plantation and Tamarac. We regularly assist clients from Fort Lauderdale, including those near the downtown corridor and the Port Everglades area, as well as families from Pompano Beach and Deerfield Beach to the north. Clients from Miramar, Pembroke Pines, and Hollywood in the southern part of the county are also well within the communities we serve. We extend our representation to families in Coral Springs, Coconut Creek, and Margate, as well as those coming from Palm Beach County to the north or Miami-Dade County to the south. Attorney David Benenfeld has built a strong professional reputation across Broward, Palm Beach, and Miami-Dade counties, and he maintains appointment-based meeting locations in Fort Lauderdale and West Palm Beach for clients who need additional accessibility. For those who are homebound due to injury or health circumstances, our team will come to you.
Contact a Broward County Wrongful Death Attorney Today
The evidence in a wrongful death case can disappear quickly. Surveillance footage gets overwritten. Witnesses become harder to locate. Physical evidence at an accident scene changes or is cleared away. Every day that passes without an attorney actively working to preserve and gather evidence is a day that potentially weakens a family’s case. The Law Offices of David M. Benenfeld has the experience, the local knowledge, and the personal commitment to give your family’s case the attention it deserves from the very beginning. If you have lost someone because of another party’s negligence, reach out to our Broward County wrongful death attorney team today for a free consultation, and let us start working for you and your family.