Weston Wrongful Death Lawyer – Compassionate Representation for Grieving Families

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.

What Is a Wrongful Death Claim in Florida?

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:

  • Car, Truck, or Motorcycle Accidents – Especially fatal crashes on roads like I-75 and Weston Rd. These cases often involve reckless drivers, DUI incidents, or distracted driving that leads to fatal injuries. Learn more about our car accident and motorcycle accident services.
  • Medical Malpractice – Misdiagnoses, surgical errors, or failure to treat. When doctors or healthcare providers breach the standard of care, families may suffer irreversible loss. Learn more about medical malpractice claims.
  • Workplace Accidents – Construction site fatalities and industrial injuries. These often result from unsafe conditions or employer negligence.
  • Defective Products – Unsafe consumer goods or auto defects. Manufacturers may be held accountable under product liability law.
  • Premises Liability – Fatal injuries from falls, drowning, or inadequate security. This includes incidents in apartment complexes, hotels, and commercial properties. Visit our page on negligent security and drowning & pool accidents for more details.

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.

Who Can File a Wrongful Death Claim in Weston, FL?

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:

  • Spouse – May recover for lost companionship, emotional pain, and future financial support.
  • Children (including adopted or minors) – May claim damages for lost guidance, support, and parental companionship.
  • Parents of a deceased child – Can seek compensation for emotional suffering and mental anguish.
  • Dependent blood relatives or adoptive siblings – If they were financially dependent on the deceased, they may also qualify for compensation.

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.

What Is the Deadline to File a Wrongful Death Lawsuit in Florida?

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.

What Happens If There’s a Criminal Case Involving the Death?

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.

Wrongful Death Claims – At a Glance

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)

Types of Compensation in a Weston Wrongful Death Lawsuit

Surviving families may be entitled to several types of damages:

  • Medical Bills – Related to treatment before death, including emergency care, hospital stays, or surgeries.
  • Funeral & Burial Costs – Including cremation or ceremony expenses, which can range from $5,000 to $15,000 in Florida.
  • Loss of Income & Benefits – Wages the deceased would have provided to dependents, including retirement and insurance benefits.
  • Loss of Companionship – Emotional suffering and loss of emotional support or guidance.
  • Mental Pain and Suffering – For surviving spouse, parents, or children; this non-economic damage reflects long-term trauma.
  • Punitive Damages – In cases of gross negligence or misconduct, such as fatal drunk driving or violent conduct.

Wrongful death settlements vary depending on the case complexity, available evidence, and the at-fault party’s insurance or financial resources.

Florida Wrongful Death Statistics – Local Impact

According to the Florida Department of Health, unintentional injuries are the 4th leading cause of death in Florida. In Broward County:

  • Over 2,400 accidental deaths occurred in 2022.
  • Motor vehicle traffic deaths were the #1 external cause.
  • More than 600 of these deaths involved individuals under the age of 45.

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.

Why Choose Rafaeli Law PLLC as Your Personal Injury Lawyer

  • Local Experience – Located right in Weston, we understand the local courts, judges, and laws that affect your case.
  • No Upfront Fees – We only get paid if we win your case, so there’s no financial risk to your family.
  • 24/7 Availability – You can reach us anytime, day or night, for urgent legal assistance or updates.
  • Track Record of Results – We’ve recovered millions for injury and wrongful death victims across Florida, helping families secure justice and rebuild their lives.

Read more about our clients’ experiences in our testimonials section or browse recent blog resources to stay informed.

How a Weston Wrongful Death Lawyer Can Help

At Rafaeli Law PLLC, we approach every wrongful death case with compassion and resolve. Our legal team provides:

  • Comprehensive Case Investigation – We gather evidence, witness statements, autopsy reports, accident reconstructions, and expert opinions to build a solid foundation.
  • Insurance Negotiation – We fight for full and fair settlements from at-fault parties and their insurers, who often attempt to reduce or deny claims.
  • Courtroom Litigation – If needed, we are prepared to take your case to trial to secure justice through aggressive representation.
  • Ongoing Support – You’ll have direct access to our attorneys and legal staff, ensuring transparent communication throughout the process.

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.

Testimonials

What Our Clients Are Saying

Hear from the clients who trusted us to fight for their justice—and found peace, resolution, and results.

FAQ

Frequently Asked Questions

1. What qualifies as a wrongful death in Florida?

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.

2. How long do I have to file a wrongful death lawsuit in Weston, FL?

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.

3. Who receives the compensation from a wrongful death lawsuit?

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.

4. Can I sue for wrongful death if the at-fault party was not convicted criminally?

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.

5. What types of damages are available in a wrongful death claim?

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.

6. Do I need a lawyer to file a wrongful death claim in Weston?

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.

7. Is there a difference between wrongful death and accidental death?

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.

8. What if the death occurred at work?

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.

9. Will my wrongful death case go to trial?

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.

10. How much does it cost to hire your law firm for a wrongful death case?

We work on a contingency fee basis, meaning there are no upfront costs. We only get paid if we secure compensation for your family.

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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.