Losing a loved one unexpectedly is devastating, especially when their death was caused by another party’s negligence or wrongdoing. At Rafaeli Law PLLC, our Weston wrongful death lawyers are committed to helping families in Weston and across South Florida pursue justice and financial accountability in the wake of tragic loss.
Our team understands that no amount of compensation can replace a family member, but a wrongful death lawsuit can ease financial burdens, hold negligent parties accountable, and give your family the closure and justice it deserves.
Under the Florida Wrongful Death Act (Fla. Stat. §768.16), a wrongful death occurs when a person’s life is taken due to the negligence, recklessness, or intentional actions of another individual or entity. Common causes include:
Each scenario represents a preventable tragedy. Florida law allows surviving family members to file a claim to seek damages for their loss. These cases are civil, separate from any criminal prosecution.
Learn more about premises liability and personal injury law in Florida.
In Florida, only the personal representative (executor) of the deceased person’s estate can file the wrongful death lawsuit. However, the claim benefits the surviving family members such as:
The personal representative is typically named in the decedent’s will or appointed by the court. Our Weston wrongful death attorneys help families identify who can file and recover damages.
Florida’s statute of limitations for wrongful death claims is two years from the date of death (Florida Statutes §95.11). Failing to file within this window typically results in losing the right to seek compensation. There are some exceptions in cases involving medical malpractice or concealed wrongdoing, but acting quickly is essential to preserve your rights and access vital evidence.
Wrongful death claims are civil cases. This means you can pursue a civil lawsuit even if there is an ongoing or resolved criminal case against the at-fault party.
For example, if your loved one was killed in a DUI crash, the driver may face criminal charges. However, a wrongful death lawsuit can proceed in civil court for compensation, regardless of the criminal case’s outcome. This separation ensures that victims’ families are not left without recourse if the criminal system fails to provide full justice.
Factor | Details |
Claim Type | Civil lawsuit for damages due to wrongful death |
Who Can File | Personal representative on behalf of surviving family members |
Time Limit (Statute of Limitations) | 2 years from the date of death (some exceptions apply) |
Compensable Damages | Medical bills, funeral costs, loss of income, emotional distress, companionship |
Punitive Damages | Available in cases involving gross negligence or misconduct |
Legal Fees | Contingency fee basis (no fees unless recovery is made) |
Applicable Law | Florida Wrongful Death Act (Fla. Stat. §768.16) |
Surviving families may be entitled to several types of damages:
Wrongful death settlements vary depending on the case complexity, available evidence, and the at-fault party’s insurance or financial resources.
According to the Florida Department of Health, unintentional injuries are the 4th leading cause of death in Florida. In Broward County:
Weston’s growing population and busy roads, including SR-84 and Griffin Road, contribute to fatal accidents involving pedestrians, cyclists, and motorists. These statistics highlight the urgent need for accountability in negligence-related deaths.
Read more about our clients’ experiences in our testimonials section or browse recent blog resources to stay informed.
At Rafaeli Law PLLC, we approach every wrongful death case with compassion and resolve. Our legal team provides:
Let our experienced Weston legal team handle the legal complexities while your family focuses on healing. Visit our About page to learn about our firm’s values and dedication to justice.
Hear from the clients who trusted us to fight for their justice—and found peace, resolution, and results.
A wrongful death occurs when someone's death is caused by another's negligence or misconduct, such as a car crash, medical malpractice, or unsafe premises. Florida law permits surviving family members to file a civil claim for financial and emotional damages.
In Florida, you generally have two years from the date of the victim’s death to file a wrongful death claim. Delays can jeopardize your case, so speak to an attorney promptly.
Eligible survivors may include the spouse, children, parents, and any relatives financially dependent on the deceased. The claim is filed by the estate’s representative, but the settlement is distributed to surviving beneficiaries.
Yes. Civil and criminal cases are separate. Even if the responsible party is not convicted in a criminal court, you can still pursue civil compensation through a wrongful death lawsuit.
Damages can include funeral expenses, lost income, medical bills, emotional pain and suffering, and loss of companionship. In severe cases, punitive damages may also be awarded.
Yes. These cases are complex and require thorough documentation, negotiations, and sometimes litigation. An experienced Weston wrongful death attorney increases your chances of a successful outcome.
Yes. An accidental death may not involve legal fault, while a wrongful death implies that negligence or misconduct caused the death, making legal action appropriate.
Workplace fatalities may qualify for wrongful death claims, especially if a third party (like an equipment manufacturer or subcontractor) was negligent. These claims may differ from workers' compensation.
Most cases settle out of court. However, if insurers refuse a fair settlement, Rafaeli Law PLLC is fully prepared to litigate aggressively on your behalf.
We work on a contingency fee basis, meaning there are no upfront costs. We only get paid if we secure compensation for your family.
If you are facing a personal injury or insurance dispute, Rafaeli Law PLLC is here to help. We are dedicated to protecting your rights and helping you secure the compensation you deserve.