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What Is Considered a Wrongful Death?

A wrongful death is when someone dies from what would have been a personal injury had they lived. It is a civil liability matter, whereby surviving family members or dependents of a deceased person seek to recover damages related to the loved one’s death due to someone else’s negligence or failure to act. All negligent parties can be held liable for the victim’s death.

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Proving Negligence in a Wrongful Death

An experienced wrongful death attorney is successful when they can prove that an act of negligence directly caused the loss of life. Proving these charges usually involves four components:

  • The defendant owed a duty of care to the deceased.
  • The defendant breached their duty of care with the deceased.
  • The breach of duty caused the loss of life
  • The family members suffered financially or emotionally as a result of the wrongful death

By proving these elements, we’re able to begin the processes that’ll allow us to recover compensation. If you require assistance proving your wrongful death claim, contact The Law Offices of Scott J. Senft.

Who Can Sue for Wrongful Death in Boca Raton, FL?

Florida law dictates that the decedent’s personal representative is allowed to file a wrongful death claim on behalf of the survivors. According to the state of Florida’s wrongful death laws, the following members qualify as survivors:

  • The surviving spouse of the decedent
  • The parents of the decedent
  • The surviving children of the decedent
  • Blood and adopted relatives who were partial financial dependents of the decedent

Steps To Take in a Wrongful Death Case

Once the matter is settled, the defendant’s insurance company delivers a check to the wrongful death lawyers. From here the law firm deducts the fee for their legal services. If the wrongful death claim cannot be settled out of court, the case goes to trial. From there, it’s up to the judge and jury to decide, but settlements can be reached during the trial.

1

Prioritize Emotional and Family Support

Losing a loved one is devastating. Lean on friends, family, or grief counselors to help you through the emotional aftermath.

2

Obtain the Death Certificate

You’ll need official documentation for legal, insurance, and estate matters. Request multiple copies from the appropriate local authority.

3

Preserve Evidence and Records

Gather any relevant documents—medical records, accident reports, witness statements, or photos. These may support your wrongful death claim.

4

Avoid Speaking with Insurance Adjusters Alone

Insurance companies may reach out quickly. Politely decline to discuss the matter until you’ve spoken with a lawyer.

5

Understand Who Can File a Claim

Wrongful death claims are typically filed by immediate family members or estate representatives. A lawyer can explain your rights and options.

6

Contact a Wrongful Death Attorney

An experienced attorney can guide you through the legal process and help pursue compensation for funeral costs, lost income, emotional loss, and more.

Frequently Asked Questions

How Long Before a Boca Raton Wrongful Death Lawsuit Settles?

While the average time for wrongful death settlements range from months to years, it’s difficult to say how long your wrongful death claim will take to settle. Many details must be taken into account before a financial settlement can be reached in any personal injury case.

While it’s not the norm, stalling techniques can be used, such as filing numerous motions to delay proceedings and lagging paperwork. The complicated nature of the legal system means that there are numerous avenues to lengthen the process. This strategy is often employed by bad-faith insurers looking to take advantage of victims.

What is the Statute of Limitations for Wrongful Death in Florida?

The Florida wrongful death statute of limitations is two years from the date of death. This is under Florida Statute

Are Boca Raton Wrongful Death Cases Criminal Matters?

Wrongful death lawsuits aren’t criminal matters. They’re civil matters handled in civil courts.

A wrongful death lawsuit seeks to hold the people responsible for the loved one’s death financially accountable. Criminal charges are handled in different court proceedings and have different consequences. Criminal charges for loss of life are called murder and manslaughter.

Civil proceedings aren’t affected by criminal charges being filed against negligent parties in civil cases. Also, the outcomes of wrongful death lawsuits don’t affect criminal trials. For any additional inquiries on this matter, consult your Boca Raton wrongful death lawyer.

Why Do You Need a Wrongful Death Lawyer?
A Boca Raton personal death lawyer will guide you toward the outcome of recouping economic damages lost by the passing of the deceased. The goal of wrongful death cases is to recover financial support for the bereaved. An experienced wrongful death lawyer will be singularly focused only on how to successfully attain compensation.

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Scott J. Senft

Was born in Brooklyn, NewYork. He received his Bachelor of Science from University of Florida in 1988 and his Juris Doctorate from Georgia State University College of Law in 1991.

For over 25 years, The Law Offices of Scott J Senft have served South Florida as one of the top personal injury law firms.  If you or a loved one has been involved in any type of accident, do not hesitate to reach out immediately.

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