Pompano Beach Wrongful Death Lawyers
No amount of money can replace a loved one lost in a tragic accident. The grief and devastation that follow are immeasurable. Yet, when a death is caused by someone else’s negligence, the law provides a way for surviving family members to hold the wrongdoer accountable and to recover compensation for the emotional and financial impact of that loss. At The Law Offices of David M. Benenfeld, P.A., our Pompano Beach wrongful death lawyers stand beside grieving families with compassion, understanding, and an unwavering commitment to justice. We help you find answers, demand accountability, and pursue the compensation you deserve under Florida law.
What Is a Wrongful Death Claim?
A wrongful death occurs when a person’s death results from the wrongful act, negligence, default, or breach of contract or warranty of another. Common examples include deaths caused by car crashes, truck or motorcycle accidents, workplace injuries, defective products, or medical negligence. In each case, the underlying principle is the same. If the victim could have pursued a personal injury claim had they lived, then their surviving family members may bring a wrongful death action instead.
Wrongful death cases are emotionally charged and legally complex. Attorney David Benenfeld approaches these cases with a balance of empathy and tenacity, supporting families during their most difficult times while aggressively pursuing justice from those responsible.
The Florida Wrongful Death Act
Florida’s Wrongful Death Act, codified in sections 768.16–768.26 of the Florida Statutes, establishes the framework for bringing a wrongful death lawsuit. It is designed to shift the losses resulting from wrongful deaths from the survivors to the responsible parties. In practical terms, it allows family members to recover for both the financial and emotional harm caused by their loved one’s death.
Under the Act:
- The personal representative of the deceased person’s estate must file the lawsuit on behalf of the survivors and the estate.
- Eligible survivors include the decedent’s spouse, children, parents, and, in some cases, blood relatives or adoptive siblings who were dependent on the decedent for support or services.
- The claim must generally be filed within two years of the date of death, though certain exceptions may apply.
The law allows recovery for several categories of damages, depending on the relationship between the deceased and the survivors. For surviving family members, compensation may include loss of companionship, protection, and guidance, mental pain and suffering, and the value of lost support and services the decedent provided. For the decedent’s estate, recoverable damages may include lost earnings from the date of injury to the date of death, future loss of earnings that would have been accumulated, and medical and funeral expenses paid by the estate. These provisions are intended to ensure that families are not left to shoulder the burden of another’s negligence.
Common Causes of Wrongful Death in Pompano Beach
Tragedies that give rise to wrongful death claims can occur in many ways throughout Pompano Beach and Broward County. Some of the most common include:
- Motor vehicle accidents: Fatal crashes involving cars, trucks, motorcycles, or pedestrians are a leading cause of wrongful deaths in South Florida.
- Workplace accidents: Construction and industrial job sites can be deadly when safety rules are ignored.
- Defective products: Dangerous machinery, faulty vehicle components, and unsafe consumer goods can lead to fatal injuries.
- Premises liability accidents: Falls, electrocutions, drownings, or structural failures on unsafe property may result in fatal harm.
- Medical negligence: Errors in diagnosis, surgery, or medication can tragically cost patients their lives.
Each case requires careful investigation to identify every party that may be liable, from negligent drivers and employers to corporations and manufacturers.
Proving Liability in a Pompano Beach Wrongful Death Case
To recover compensation, the plaintiff must prove that the death resulted from another party’s negligence or wrongful conduct. This typically involves demonstrating:
- The defendant owed a legal duty of care to the deceased.
- The defendant breached that duty through action or inaction.
- The breach directly caused the decedent’s death.
- The surviving family members suffered damages as a result.
Attorney Benenfeld’s firm works with investigators, accident reconstruction specialists, medical experts, and economists to build strong, evidence-based cases. We gather the facts, analyze every potential source of liability, and pursue justice against all responsible parties.
The Financial and Emotional Impact on Families
The loss of a family member changes everything. Beyond the emotional pain, there are often significant financial consequences. Many families suddenly face the loss of income, benefits, and household support that the deceased provided. Children lose guidance and stability. Spouses face the challenge of rebuilding their lives alone.
While no legal action can heal those wounds, a successful wrongful death claim can provide the financial security needed to move forward. Compensation can cover immediate expenses like medical bills and funeral costs, as well as long-term losses such as lost wages, retirement contributions, and the value of services once provided by the deceased. In some cases, punitive damages may also be awarded to punish especially reckless or intentional misconduct.
Compassionate Representation from a Firm That Cares
At The Law Offices of David M. Benenfeld, P.A., we know how to guide families through the legal process while offering genuine care and support. Our clients consistently praise the firm for being approachable, responsive, and compassionate — qualities that matter deeply when trust and communication are essential. We take the time to explain every step, return calls promptly, and ensure that families are never left wondering about the status of their case.
Attorney Benenfeld also brings the tenacity needed to take on large insurance companies and corporate defendants. He understands that those responsible will often do everything possible to minimize payouts or shift blame. Our firm never lets that happen. We prepare every case as if it were going to trial, and we fight to achieve the full measure of justice our clients deserve.
Taking Action After a Wrongful Death in Pompano Beach
Time is limited to file a wrongful death claim in Florida, and critical evidence can be lost with delay. If you have lost a loved one in an accident caused by negligence, it’s important to speak with an experienced attorney as soon as possible. The sooner you call, the sooner we can begin gathering records, interviewing witnesses, and building the strongest case possible.
We offer free consultations and handle all cases on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for you. Our firm is here to shoulder the legal burden so you can focus on healing.
Contact The Law Offices of David M. Benenfeld, P.A.
The loss of a loved one is an unthinkable tragedy. Let us help you find accountability and closure. Call The Law Offices of David M. Benenfeld, P.A., today to speak with a Pompano Beach wrongful death lawyer who will listen to your story, answer your questions, and fight for the justice your family deserves. We proudly serve families throughout Broward County and South Florida.
