The Altman Law Firm guides Miami families through the complexities of probate and estate administration with compassion and dedicated legal support.
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Under Florida law (Fla. Stat. § 95.11), you generally have two years from the date of the car accident to file a personal injury lawsuit. If the accident resulted in a fatality, a wrongful death claim must also be filed within two years. Failing to file within this statute of limitations typically bars you from seeking compensation. Because evidence disappears and witnesses' memories fade, it is prudent to act quickly. The Altman Law Firm can evaluate your timeline and ensure all legal deadlines are met to preserve your right to recovery.
The timeframe is strictly limited. Under Fla. Stat. Sec. 95.11, the statute of limitations for filing a wrongful death claim in Florida is generally two years from the date of the deceased person death. Failing to initiate legal action within this period usually results in the loss of your right to seek compensation for funeral expenses, loss of companionship, and lost income. Prompt action is necessary to preserve evidence. Jeffrey S. Altman and The Altman Law Firm provide compassionate guidance during this difficult process.
While many personal injury cases are settled out of court, we prepare every case as if it is going to trial. This rigorous preparation often leads to better settlement offers. If the insurance company refuses to offer a fair settlement, we are fully prepared to advocate for your rights in front of a jury.
Personal Injury Protection, or PIP, is a mandatory insurance coverage in Florida that pays for your medical bills and lost wages after a crash, regardless of who caused the accident. Under Florida law, drivers must carry a minimum of $10,000 in PIP coverage. To access these benefits, you must seek medical treatment within 14 days of the accident. If your insurance company denies or underpays your PIP claim, The Altman Law Firm can assist you with a PIP dispute to help you recover the benefits you purchased.
Florida Personal Injury Protection (PIP) insurance, governed by Fla. Stat. § 627.736, provides coverage for up to 80% of all necessary medical expenses and 60% of lost wages, capped at a maximum of $10,000. However, to access the full $10,000 limit, a medical professional must determine that you suffered an Emergency Medical Condition (EMC). If your injury is not deemed an EMC, your PIP medical benefits are capped at $2,500. The Altman Law Firm can help review your medical records and insurance policy, and Jeffrey S. Altman is available to assist you with these complex claims.
Multiple parties may be liable in a commercial truck accident. The truck driver is responsible for driving while fatigued, but the trucking company may also be held liable for encouraging hours-of-service violations or failing to monitor their drivers. Additionally, cargo loaders or maintenance providers could share fault depending on the crash factors. Trucking companies have extensive legal resources. Jeffrey S. Altman at The Altman Law Firm thoroughly investigates logbooks and corporate records to identify all responsible parties in these complex cases.
The value of a personal injury claim depends on multiple unique factors and cannot be predetermined. Compensation is based on the severity of your injuries, total medical expenses, lost wages, future rehabilitation needs, and the impact on your quality of life. Available insurance policy limits and your percentage of fault under Fla. Stat. Sec. 768.81 also play major roles. At The Altman Law Firm, Jeffrey S. Altman meticulously evaluates all evidence and damages to pursue appropriate compensation for your specific circumstances.
A formal probate estate must be opened because Florida law strictly limits standing to pursue a wrongful death action. Under Fla. Stat. § 768.20, only the court-appointed personal representative of the decedent's estate holds legal authority to initiate litigation, negotiate with insurers, and sign settlement releases on behalf of all beneficiaries. Even when individual family members are the sole recipients of settlement proceeds, a probate judge must issue Letters of Administration appointing the representative before proceedings move forward. Jeffrey S. Altman and The Altman Law Firm work alongside probate practitioners to ensure the representative is established to advance the litigation.
You may have a valid premises liability claim. Under Fla. Stat. Sec. 768.0755, if you slip and fall on a transitory foreign substance in a business establishment, you must prove the business had actual or constructive knowledge of the dangerous condition and should have taken action. A missing warning sign strengthens the argument that they failed to protect visitors. The Altman Law Firm investigates incident reports, surveillance footage, and witness statements. Jeffrey S. Altman can assess the specific facts of your fall.
When a person dies without a will, estate distributions follow Florida intestate succession laws under Fla. Stat. §§ 732.101–732.103. The statutory distribution follows clear priority: 1. If survived by a spouse and all descendants are shared, the surviving spouse inherits the entire estate. 2. If there are descendants from another relationship, the spouse receives half and descendants share the remaining half. 3. If there is no surviving spouse, the estate passes entirely to surviving children or lineal descendants, followed by parents and siblings. The Altman Law Firm assists families in identifying legal beneficiaries during estate-related litigation.
The primary distinctions involve estate value, administrative oversight, and whether a formal personal representative must be appointed: 1. Summary Administration: Authorized under Fla. Stat. § 735.201, this expedited process is typically available when probate assets do not exceed statutory financial limits or when the decedent has been deceased for more than two years. 2. Formal Administration: Governed by Fla. Stat. Chapter 733, this comprehensive proceeding requires court appointment of a personal representative, which is essential whenever an estate must pursue or settle legal claims. Jeffrey S. Altman and The Altman Law Firm advise clients on coordinating probate proceedings with active civil actions.
Under Fla. Stat. Sec. 95.11, the statute of limitations for most general personal injury claims in Florida is two years from the date of the accident. For medical malpractice or wrongful death, the timeframe is also generally two years. Failing to file within this strict deadline usually permanently bars you from seeking compensation. Because evidence can disappear quickly, Jeffrey S. Altman and The Altman Law Firm recommend seeking legal guidance promptly to protect your rights.
In most circumstances, creditors cannot touch wrongful death settlement funds recovered for individual family members. Under Fla. Stat. § 768.21, damages awarded directly to statutory survivors—such as compensation for mental pain, suffering, and lost support—do not belong to the estate and are legally protected from the decedent's creditors. However, damages recovered explicitly on behalf of the estate itself, such as reimbursable medical expenses or lost net accumulations under Florida probate law, can be subject to timely creditor claims filed under Fla. Stat. § 733.702. The Altman Law Firm helps families structure claims to clarify which proceeds belong to surviving relatives.
Florida follows a modified comparative negligence system under Fla. Stat. Sec. 768.81. This means you can still recover compensation if you are partially at fault for an accident, provided your fault is not greater than 50 percent. Your financial recovery will be reduced by your percentage of fault. If you are found 51 percent or more responsible, you cannot recover damages. At The Altman Law Firm, Jeffrey S. Altman investigates the facts to help ensure fault is accurately assessed. This information is for educational purposes and does not create an attorney-client relationship.
In Florida, insurance bad faith occurs when an insurer fails to act in good faith to settle a claim against their insured when they could and should have done so, had they acted fairly and honestly. Under Fla. Stat. § 624.155, insurers have a statutory duty to settle claims in good faith. Common examples include failing to properly investigate a claim or unreasonably delaying payments. If you suspect your insurer is acting in bad faith, The Altman Law Firm and attorney Jeffrey S. Altman can evaluate your case to determine if you have grounds for a bad faith claim.
If an injured plaintiff passes away while a lawsuit is pending, the claim does not terminate automatically. Instead, the action proceeds through distinct procedural steps: 1. A formal Suggestion of Death is filed on the court record. 2. A personal representative is appointed through the Florida probate court to manage the decedent's estate. 3. Under Florida Rule of Civil Procedure 1.260, the personal representative is substituted as the formal plaintiff within 90 days. The Altman Law Firm, led by Jeffrey S. Altman, guides families through this transition, coordinating with estate counsel to preserve the underlying litigation without procedural delay.
Opening an estate to pursue litigation requires obtaining legal authority through the Florida probate court. Under the Florida Probate Code (Fla. Stat. Chapter 733), the process generally follows these steps: 1. File a petition for administration in the circuit court of the county where the decedent resided. 2. Submit the decedent's last will or petition under intestate succession rules if no will exists. 3. Obtain Letters of Administration from the probate judge, which officially appoints the personal representative. The Altman Law Firm, led by Jeffrey S. Altman, guides families through coordinating probate administration with pending claims to ensure legal actions are properly maintained.
Navigating the aftermath of an injury can be overwhelming, but Florida law provides robust avenues for comprehensive financial recovery. At Altman Law Firm, our priority is to meticulously build your case to ensure you receive the maximum compensation you deserve. We fiercely advocate for your right to recover all applicable economic damages, which encompass past and anticipated future medical expenses, lost current wages, and any long-term diminished earning capacity. Beyond your direct financial losses, our experienced legal team aggressively pursues non-economic damages to account for your physical pain and suffering, emotional distress, and property damage. Furthermore, in instances involving egregious or extreme negligence, we may also seek punitive damages to hold the at-fault party fully accountable and deter future misconduct.
Under Fla. Stat. § 768.20, only the court-appointed personal representative of a decedent's estate possesses legal standing to file a wrongful death action in Florida. Even when surviving relatives are the ultimate beneficiaries of any settlement, probate court intervention is required. Establishing legal standing requires: 1. Filing a petition for administration in the appropriate Florida circuit court. 2. Submitting the will or establishing intestate priority. 3. Securing Letters of Administration from the probate judge authorizing legal action. The Altman Law Firm coordinates these necessary probate steps to ensure wrongful death claims are filed properly and timely.
Under Florida law, the continuation of the lawsuit depends on whether the death was caused by the underlying injuries. If the individual passed away due to the injuries involved in the lawsuit, Fla. Stat. § 768.20 requires the personal injury action to be converted into a wrongful death claim brought by the estate's personal representative. If death occurred from independent, unrelated causes, Florida's survival statute (Fla. Stat. § 46.021) permits the estate's personal representative to be substituted as the plaintiff to seek damages incurred up until death. Jeffrey S. Altman and The Altman Law Firm assist families in navigating probate court to maintain active legal claims.
General estate creditors typically cannot take wrongful death settlement proceeds allocated directly to surviving family members. Under the Florida Wrongful Death Act (Fla. Stat. § 768.21), damages awarded to statutory survivors—such as compensation for mental pain, suffering, and lost parental or spousal companionship—belong exclusively to those individuals and do not become probate assets. However, compensation recovered on behalf of the estate itself for the decedent's medical expenses or lost earnings is subject to valid creditor claims under Fla. Stat. § 733.702. Jeffrey S. Altman and The Altman Law Firm structure claims carefully to protect survivor recoveries while resolving lawful estate obligations.
You can afford legal representation because The Altman Law Firm operates on a contingency fee basis. This means you pay no upfront costs or hourly fees. Attorney fees are only collected as a percentage of the financial recovery if compensation is secured on your behalf. If no recovery is made, you do not owe attorney fees. Jeffrey S. Altman provides initial consultations at no charge to discuss your case, ensuring that anyone injured by negligence has access to legal guidance regardless of their financial situation.
A survival action and a wrongful death claim address distinct legal damages under Florida law. Under Fla. Stat. § 46.021, a survival action belongs directly to the decedent's estate and preserves personal injury claims the deceased person could have pursued had they survived, recovering losses sustained between the injury and death. Conversely, a wrongful death claim under Fla. Stat. § 768.20 compensates designated statutory survivors for their own losses resulting from the death. The Altman Law Firm, founded by Jeffrey S. Altman, evaluates these matters to identify which claims must be administered through probate to protect the family's rights.
No, funds recovered specifically for statutory survivors cannot be seized by estate creditors. Under Fla. Stat. § 768.21, compensation awarded for survivors' direct damages—including emotional anguish and loss of companionship or support—belongs exclusively to those named survivors and does not enter the probate estate as general assets. As a result, decedent creditors have no claim against that portion of the settlement. However, any recovery designated for medical bills or lost earnings directly incurred by the decedent's estate remains available to satisfy valid creditor claims. The Altman Law Firm, led by Jeffrey S. Altman, helps families protect designated survivor proceeds during estate proceedings.
It is not necessarily too late, but you should seek medical attention immediately. Adrenaline often masks injury symptoms like whiplash or internal trauma for days. Under Florida Personal Injury Protection laws, you must seek initial medical treatment within 14 days of the motor vehicle accident to qualify for benefits. Delaying care can harm your health and complicate your legal claim. The Altman Law Firm emphasizes that documenting your injuries promptly is vital. Consult Jeffrey S. Altman to understand how treatment timelines affect your case.
Yes, you can seek additional compensation if your medical bills exceed your PIP limit, but you must meet certain statutory thresholds. Under Fla. Stat. § 627.737, you may pursue a bodily injury liability claim or lawsuit against the at-fault driver if you have sustained a permanent injury. To pursue this: 1. Document all medical expenses exceeding the $10,000 PIP limit. 2. Identify all potential third-party insurance policies. 3. Contact Jeffrey S. Altman at The Altman Law Firm for a consultation to evaluate your legal options for recovering your remaining damages.
If your insurance company denies your claim, you should take immediate action to protect your rights. 1. Request a formal, written explanation detailing the specific policy exclusions or reasons for the denial. 2. Gather all relevant documentation, including your medical records, police reports, and correspondence with the insurer. 3. Consult with Jeffrey S. Altman at The Altman Law Firm to review the denial letter. Under Florida law, insurers must handle claims in accordance with fair claims practices, and we can help you evaluate your options for appealing or pursuing legal action.
The property owner or business operator may be responsible if their negligence caused your injury. Under Florida premises liability law, you must prove the owner knew or should have known about the dangerous condition and failed to fix it or warn you. Initially, your own health insurance may cover the bills. However, The Altman Law Firm can pursue a claim against the negligent party liability insurance to seek reimbursement for your medical expenses and other damages. Jeffrey S. Altman has over 25 years of experience evaluating these claims.
Under Fla. Stat. § 733.702, the deadlines for creditors to file claims against a Florida probate estate follow strict statutory timeframes: 1. Known or reasonably ascertainable creditors served with a formal Notice to Creditors have 30 days from the service date to file a claim. 2. Unknown creditors have three months following the first publication date of the Notice to Creditors in an approved local publication. 3. Under Fla. Stat. § 733.710, all creditor claims are completely barred two years after the decedent's death, regardless of whether formal administration was initiated or notice was published.
Following a dog bite, prioritize your health and document the incident. 1. Wash the wound and seek emergency medical care immediately to prevent infection. 2. Identify the dog and its owner, requesting their contact and insurance information. 3. Report the bite to local animal control or law enforcement to create an official record. 4. Take photographs of your injuries and the location of the attack. 5. Contact The Altman Law Firm. Jeffrey S. Altman can explain your rights under Florida strict liability dog bite laws.
Initial settlement offers from insurance companies are often much lower than what your claim may require. Accepting an early offer typically requires you to sign a release, preventing you from seeking further compensation even if your injuries require surgery or long-term care later. You should never sign documents or accept payments without understanding the full extent of your damages. The Altman Law Firm reviews all settlement offers. Jeffrey S. Altman advocates for compensation that accurately reflects your current and future medical needs.
If the at-fault driver lacks bodily injury liability coverage, you may still have options. You can turn to your own Uninsured or Underinsured Motorist coverage if you purchased it. This policy steps in to cover your medical expenses, lost wages, and pain and suffering up to your policy limits. Florida law does not mandate bodily injury coverage for all drivers, making this coverage crucial. Jeffrey S. Altman at The Altman Law Firm can review your insurance policies to identify available coverage for your recovery.
At The Altman Law Firm, we work on a contingency fee basis. This means you pay nothing upfront, and we only get paid if we successfully recover compensation for you. Our fee is a percentage of the final settlement or verdict.
You should prioritize your safety and health while preserving evidence. 1. Move to a safe location and call 911 to report the crash. 2. Seek immediate medical attention, even if you feel fine, to document your injuries. 3. Gather information from the other driver and take photos of the scene, vehicle damage, and your injuries. 4. Notify your insurance company about the accident. 5. Consult with a qualified attorney before speaking to the other driver's insurance adjuster. Jeffrey S. Altman and The Altman Law Firm can help review your case and protect your rights during this critical time.
Under Florida law, the statute of limitations for most personal injury claims is generally two years from the date of the incident. Likewise, specialized matters—such as medical malpractice and wrongful death cases—are subject to a stricter two-year filing deadline.<br><br>Because failing to comply with these statutory timeframes can permanently bar your right to seek financial compensation, taking prompt legal action is absolutely vital. We strongly encourage you to consult with the experienced legal team at Altman Law Firm as soon as possible. Engaging knowledgeable counsel early ensures that your rights are fully protected and all critical filing deadlines are meticulously observed.
Under Florida law, specifically Fla. Stat. § 627.736, you must seek medical treatment within 14 days of a motor vehicle accident to qualify for Personal Injury Protection (PIP) benefits. If you do not receive medical care within this 14-day window, your insurance carrier will likely deny your claim. To protect your health and your right to coverage, follow these steps: 1. Seek immediate medical evaluation at an emergency room or with a licensed physician. 2. Obtain a formal diagnosis. 3. Contact The Altman Law Firm so Jeffrey S. Altman can review your policy and help navigate the claims process.