Legal Support for Victims of wrongful death

Florida Wrongful Death Lawyer

Has a family member or loved one passed away due to someone else’s negligence or misconduct? Fight for justice and compensation today with The Law Offices of Scott Jay Senft. In our three decades of experience fighting on behalf of families, we’ve recovered hundreds of millions of dollars. It is through our years in the field that we’ve come to deeply understand the profound impact that wrongful death cases leave in their wake. We decided long ago to be part of the positive impact in the midst of tragedy. Fight the fight. Call us anytime to initiate a free consultation with our Florida wrongful death lawyer.

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Dedicated Advocacy for Your Rights & Compensation

Consulting A Florida Wrongful Death Lawyer

At The Law Offices of Scott Jay Senft, we’ve spent decades fighting for justice on behalf of families who’ve lost loved ones due to negligence. We understand that no amount of money can replace what’s been taken, but we’ve helped countless grieving families recover millions in compensation to ease financial burdens and begin the healing process. Our team offers 24/7, personalized legal support, walking with you every step of the way. With a strong track record of success, we’re committed to securing the outcome your family deserves.

What other are saying?

Testiomonials

My experience was positive from the first moment I consulted with him. Scott was attentive, thorough, and helpful throughout a very difficult time. Rosie was my paralegal and was with us every step of the way with insight and compassion, always responding quickly and effectively with any questions or issues as they arose.

Kerine

Very Professional

I had a great experience with this Attorney and his team. It wasn’t a short process but it was completely worth it. I would recommend him anytime.

Sandra Fernandez

I would recommend him anytime.

Since the first moment I reached out to this office all the staff was very supporting and trying to help me in every way. The process took the average, I think, and I'm very happy with the result and feeling great.
Would recommend this attorney and his offices.

Monica

Great service

I just had a good experience. Communication was great with staff.

Jorge Hernandez

Communication was great

This office has a great clientele services,communication was outstanding and also I was able to get a good settlement. I can recommend anyone if you need legal help call this office the job and what you need will be done!! Brenda was great and helped me, guided me throughout this process love her!!

Medijah Clairmont

Great clientele services

I had a great experience with this law firm and staff, i had also gotten a good settlement money and can and will recommend anyone who needs an attorney to get the job done . this is it!! Need a lawyer call them!!

Malvina Baker

Great experience

This office was great with my case. Communication was prompt and thorough. They really try to do what’s best for you. Would recommend.

Alex Shelton

Communication was prompt and thorough.

This office did a good job with my case, I am satisfied with the care and services that they offered me. I recommend this office to all who need legal help, also Miss Brenda Rojas helped me and guided me throughout the legal process, is very kind, and had a lot of patience with me .. well I give u 100% here!

Carlos Luis Mendez Brito

Did a good job with my case

Very good services, nice people, very polite and professionals fighting to the end. I will recommend them 100% .

Olivia kennedy

Very polite and professionals

I can recommend this attorney to everyone I know, I got a good settlement and I am very happy!! Happy to have gotten the money that was given to me and also praise the Lord for all of his goodness!! The office was very friendly, Brenda helped me throughout the entire process, she always called me and made sure I was informed of what was going on in my case.. Love and much love to Brenda!!

Bobbie Sheffield

The office was very friendly

Brenda was great ..Called me to check in and let me know exactly what’s going on communicated with me throughout the whole process, I was also happy with the settlement provided and I can and will recommend This office to anyone, please speak to Brenda she will help you a lot and best of all.. I am happy with the results!!

Giovanni Maffeo

I am happy with the results

This office was very professional. My case manger Ada was always available. Highly recommend contacting this office for you’re any of youre accidents.

Lournicha Telfort

This office was very professional

I suffered a tragic loss of my totaled car back in September of 2017. Although the process was extensive, (as expected, these lawsuits usually take yearsss) I received transportation to and from my chiropractor visits as needed, my outpatient back procedure was given by one of the best doctors! (and relieved me of 80% of the pain I was experiencing prior); and Todd helped me out tremendously & talked me through the whole ordeal despite my frustrations. Today I received even more than I was expected to. I can now go purchase a new car! I want to thank Todd especially, as well as the Law offices of Scott Jay Senft! I would recommend them to anyone who is experiencing a loss due to a car accident. Thank me later

Deja Jinks

I would recommend them to anyone

Donna at Scott J Senfts office was truly amazing through this difficult experience. She helped me receive early funding for my immediate needs and bills and was holding my hand literally and figuratively throughout the entire process. The check I received was for much more than expected and I’m truly grateful for choosing this firm and wound recommend them to anyone

Dean Johnson

I’m truly grateful for choosing this firm

Professional law firm, they handled my case very well and I’m very satisfied with the settlement the lawyer was able to obtain. Previous lawyer didn’t compare to how Scott Senft diligently handled my case. Legal assistant handling my file was very understanding and helped me throughout the entire process. I was very satisfied and happy overall.

Joshua

Exceded my expectations

Legal Framework for Wrongful Death in Florida

What Qualifies as a Wrongful Death?

Wrongful death occurs when a person’s life is cut short due to the negligent or intentional actions of another. Florida wrongful death claims are governed by the Florida Wrongful Death Act, which provides the legal basis for families to seek compensation when a loved one’s death is caused by someone else’s negligence or intentional actions. It defines who can file a claim, the types of damages that can be recovered, and the time limits for pursuing a case. Common causes of wrongful death include:

Who Can File a Wrongful Death Claim?

In Florida, the personal representative of the deceased’s estate is responsible for filing a wrongful death claim on behalf of the surviving family members and beneficiaries. Eligible beneficiaries typically include the spouse, children, and parents of the deceased, as well as any other dependents.

Damages You’re Eligible to Recover in a Wrongful Death Case

Families affected by wrongful death can seek various damages to alleviate their financial and emotional losses. Specifically, economic damages compensated are financial losses such as medical and funeral expenses, as well as lost income and benefits the deceased would have provided to those left behind. Non-economic damages address emotional suffering, including pain and suffering and loss of parental guidance for minor children. The distribution of these damages among survivors is determined by the court based on their relationship and financial dependency on the deceased.

Wrongful Death Lawsuit vs. Criminal Homicide Case

A wrongful death lawsuit and a criminal homicide case both involve the death of a person, but they differ significantly in their legal nature and outcomes. In a wrongful death lawsuit, the family could win even if the evidence is only slightly more persuasive in their favor. In contrast, in the criminal case, the defendant can only be convicted if the jury is almost certain of their guilt, leaving no reasonable doubt.

What Constitutes a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil case brought by the deceased’s family or estate against the party responsible for the death. The primary goal is to obtain financial compensation for the survivors’ losses, such as funeral expenses, lost income, and emotional suffering. The burden of proof in a wrongful death lawsuit is “preponderance of the evidence,” meaning that it is more likely than not that the defendant’s actions caused the death.

What Constitutes a Criminal Homicide Case?

This is a criminal prosecution brought by the state against the defendant for committing an unlawful act that resulted in death, such as murder or manslaughter. The primary goal is to punish the offender through penalties like imprisonment, fines, or even the death penalty. The burden of proof in a criminal case is “beyond a reasonable doubt,” which is a much higher standard than in a civil case.

Steps to Take After a Wrongful Death

Contact a Florida Wrongful Death Lawyer

Seek immediate legal advice to understand your rights and the legal options available.

Preserve Evidence

Gather any relevant documents, photographs, and witness information related to the incident.

File a Claim

The personal representative of the estate must file the wrongful death claim. A personal injury lawyer assists this process.

Seek Support

Utilize counseling and support services to help cope with the emotional aftermath of the loss.

Frequently Asked Questions

Get answers to common questions about Florida wrongful death claims and legal representation to better understand your rights and options.

What Is "Wrongful Death" in Florida?

In Florida, “wrongful death” refers to a situation where a person’s death is caused by the negligent, reckless, or intentional actions of another party. The Florida Wrongful Death Act governs these cases, allowing the deceased’s family members or estate to file a claim seeking compensation for their loss. Common causes of wrongful death in Florida include car accidents, medical malpractice, nursing home abuse, and dangerous premises. The purpose of a wrongful death claim is to provide financial support to the survivors and hold the responsible parties accountable for their actions.

Who Can File a Wrongful Death Case in Florida?

The personal representative of the deceased’s estate files the wrongful death claim on behalf of the surviving family members, including the spouse, children, and parents.

How Long Does a Wrongful Death Lawsuit Take?

The duration of a wrongful death lawsuit can vary widely depending on the complexity of the case, the willingness of the parties to settle, and the court’s schedule. On average, it can take several months to several years to resolve. A wrongful death lawyer can help navigate the complexities of filing a wrongful death claim, gather necessary evidence, and advocate on behalf of the family to ensure they receive fair compensation. They can expedite the process by efficiently handling legal procedures, negotiating settlements, and representing the family in court if needed.

Who Gets the Money in a Wrongful Death Lawsuit?

Compensation from a wrongful death lawsuit is distributed among the deceased’s eligible beneficiaries, such as the spouse, children, and other dependents. The distribution is determined by the court based on the relationships and dependencies involved. Typically, the court considers various factors, including the financial dependency of each beneficiary on the deceased, the emotional impact of the loss, and any expressed wishes of the deceased. Spouses and minor children often receive a larger portion of the compensation due to their higher dependency on the deceased for financial support and guidance.

How Much Time Do I Have to File a Wrongful Death Claim in Florida?

In Florida, the statute of limitations for filing a wrongful death claim is typically two years from the date of death. It is essential to act promptly to preserve your right to seek compensation. There are some exceptions to this rule, such as cases involving fraud or when the cause of death was not immediately known, which may extend the filing period. It is crucial to consult with a Florida wrongful death lawyer as soon as possible to ensure all deadlines are met and to avoid jeopardizing your claim.

How Much is a Wrongful Death Lawsuit in Florida Worth?

There is no one-size-fits-all answer to how much a wrongful death lawsuit in Florida might be worth, as each case is unique and influenced by a variety of factors. For instance, the age, health, and earning capacity of the deceased play a significant role— younger individuals with a higher earning potential often lead to larger compensation amounts. The relationship of the survivors to the deceased is also critical; spouses, minor children, and other dependents who relied financially and emotionally on the deceased usually receive more substantial compensation.

Additionally, the types of damages—both economic, like medical bills and funeral expenses, and non-economic, such as pain and suffering—contribute to the overall value of the claim. The severity of the defendant’s negligence or misconduct can further impact the settlement or verdict. Given the complexities involved, it’s essential to consult with a wrongful death attorney who can assess the specific circumstances of your case and provide a more tailored estimate of potential compensation.

How Are Wrongful Death Settlements Paid Out?

Wrongful death settlements in Florida are typically paid out in one of two ways:

Lump-Sum Payment: The entire settlement amount is paid to the estate or beneficiaries at once. This option provides immediate financial relief but requires careful management to ensure long-term financial security.
Structured Settlement: The settlement amount is distributed in periodic payments over time. This option can provide a steady income stream to cover ongoing expenses, making it easier for beneficiaries to manage their finances.

The distribution of the settlement among the eligible beneficiaries, such as the spouse, children, and other dependents, is determined by the court. The court considers factors like the financial dependency of each beneficiary on the deceased and the emotional impact of the loss when deciding how to allocate the funds. It’s important for beneficiaries to consult with a Florida wrongful death lawyer and financial advisor to choose the payment option that best suits their needs.

Why Do I Need to Hire a Florida Wrongful Death Lawyer?

At The Law Offices of Scott Jay Senft, our wrongful death lawyers possess the expertise to handle the complexities of wrongful death claims, from collecting crucial evidence to presenting a strong case in court. With over three decades of experience and a track record of recovering millions of dollars for our clients, we have built a reputation for achieving favorable outcomes. Our team is committed to fighting for justice and ensuring that grieving families receive the compensation they deserve. We are here to support you through this challenging time and protect your rights.

– South Florida’s Top Wrongful death Attorneys

Fighting for Justice - Since 1991

Our process starts with a free consultation where we listen to your story and help you understand your legal options. We then take on the burden of the case, gathering evidence, consulting experts, identifying all liable parties, and handling negotiations with insurance companies. Throughout the process, we provide personalized guidance and 24/7 support, so your family is never left navigating this alone. Our goal is to secure the justice and compensation your loved one deserves.