Boca Raton Wrongful Death Lawyer

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.

Most Common Causes of Wrongful Death

Wrongful death happens in many ways. When your loved one suffers a fatal accident, our Boca Raton wrongful death attorneys are ready to take legal action on your behalf. The most common causes of wrongful death are:

Motor Vehicle Collisions

In the United States, car accidents, motorcycle accidents, pedestrian accidents, and truck accidents are among the most likely sources of personal injury that result in a loved one’s wrongful death. In Florida alone, thousands of lives are lost in these tragic collisions. If you’re unsure whether or not your loved one’s fatal accident counts as a wrongful death, contact The Law Offices of Scott J. Senft.

Hazardous Property Conditions

Property owners have a civic duty to minimize dangerous conditions on their premises. When

they fail to do so, and an accident claims the life of an innocent bystander, it could be grounds for a wrongful death case. Property owners should conduct regular inspections of their property to identify and fix all potential dangers.

Medical Malpractice

A wrongful death caused by a medical or healthcare professional’s negligence, omission, or deviation from professional standards is medical malpractice. Plastic surgeries, major operations, emergency surgeries, and medication flubs are all circumstances that can cause wrongful deaths and entitle surviving loved ones to benefits.

Workplace Accidents

There are many dangerous jobs where the chances of workplace accidents are high. The Bureau of Labor Statistics cites slips, trips, and fall accidents, as well as those where workers are struck by heavy objects and equipment as leading causes of workplace fatalities in the USA. Exposure to toxic chemicals, heavy machinery incidents, and transportation-related events are also common.

Bicycle Accidents

Sadly, bike riders don’t get the respect on the roads that they deserve. Aggressive, inattentive, and speeding drivers all contribute to fatal bike accidents. More bicyclists suffer fatal accidents in Florida than in any other state.  Any bicyclist who loses their life to a negligent driver deserves to be financially compensated for their wrongful death.

Bicycle accidents are closely linked to traumatic brain injuries. These closed-head traumas are serious threats to the lives of victims. Although some bicyclists continue to risk their lives by riding without helmets, that doesn’t mean negligent drivers shouldn’t be held responsible.

Construction Accidents

The industry with the highest rate of workplace fatalities in Florida is construction. Falls are the most common occurrence, accounting for more than 30% of all deaths. Incidents with scaffolding cranes and falling debris are some of the other hazards in the construction industry.

Pedestrian Accidents

The National Highway Traffic Safety Administration reports that Florida has the second-highest number of pedestrian fatalities. In 2022 alone there were 443 pedestrian accident fatalities. Authorities cite the rise in pedestrian fatalities as linked to drivers’ unlawful use of their smartphones while behind the wheel.

Traumatic brain injuries often result from pedestrian accidents. Because there is no protection for pedestrians’ bodies and the objects striking them, they can easily experience fatal head trauma.

Nursing Home Abuse

Staff members,  contract workers, owners, and administrators can be liable for these deaths since they are the caretakers for these often fragile elderly individuals. When negligence like this happens, a wrongful death case can often be the result.

Slip and Fall Injuries

In persons, aged 65 and over, the number one cause of death by injury is falling. In these instances, broken bones, spinal cord damage, and closed head injuries can lead to early and otherwise preventable deaths. Expensive medical bills associated with these injuries are also a factor.

Defective Drugs or Products

Manufacturers, distributors, and sellers of defective products can all be part of a wrongful death claim. When dangerous pharmaceuticals without sufficient warnings about potential side effects and risks end up in the hands of consumers, they can lose their lives. In these cases, wrongful death claims can be filed.

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

Here are the basic steps for filing a wrongful death lawsuit in the state of Florida:

• Contact a wrongful death attorney to discuss the details surrounding the passing of your loved one.
• The estate names a personal representative.
• A thorough investigation is launched into the details of the incident that caused the wrongful death.
• Evidence is collected and analyzed to identify the party or parties responsible for the passing. At this point, the available insurance coverage is disclosed.
•  The defendant’s legal team is served a letter detailing allegations and compensatory demands.
• A formal civil complaint is filed.
• Discovery is a fact-finding phase of the wrongful death suit. Here, wrongful death attorneys and the defense’s attorneys request and exchange information. This helps wrongful death lawyers strategize. The advantages and disadvantages revealed here are factored into the strategy. Witness testimony happens here also.
• Arbitration, also known as settlement negotiations, happens next. Most wrongful death damages result from settlements, as only a small fraction of wrongful death claims go to trial.

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.

Boca Raton Wrongful Death FAQs

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 95.11 (7)(d).

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.

Hiring a Boca Raton wrongful death lawyer is also great for the following reasons:

• The law firm will negotiate with the insurance company to reach a fair settlement
• Our law firm uses our resources to gather the necessary evidence
• Our knowledge of personal injury law will likely get you a much better wrongful death settlement than you’d get without us.
• You can focus on grieving and we can focus on navigating the legal system

Our services help you in the following ways:

• Recover lost wages
• Cover all miscellaneous medical expenses
• Cover medical bills
• Be compensated for non-economic damages
• Hold negligent parties accountable for wrongful acts

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