Lost a loved one to negligence in Florida? The Altman Law Firm handles wrongful-death claims with care and resolve. Free consultation: (305) 373-3730.
We provide a balance of empathy and aggression, establishing estates and calculating full economic and emotional loss to secure maximum compensation under the Florida Wrongful Death Act.
When a loved one dies due to someone else's negligence, the legal system is often the last thing on your mind. However, insurance companies move quickly to minimize their payout. Florida's Wrongful Death laws determine exactly who can recover damages and how quickly you must act.
It is not necessarily too late, provided the two-year statute of limitations has not expired. However, waiting can compromise the investigation. Over time, physical evidence may be lost, witnesses' memories fade, and critical documents can be misplaced. To build the strongest possible case, evidence must be preserved as early as possible. If months have passed, Jeffrey S. Altman and The Altman Law Firm can immediately step in to locate remaining evidence, interview witnesses, and initiate the legal process.
Yes, you can still pursue a claim. Florida follows a modified comparative negligence system under Fla. Stat. § 768.81. If your loved one was partially responsible for the incident that led to their death, the total financial recovery will be reduced by their percentage of fault. However, if they are found to be more than 50 percent at fault, recovery is barred. The Altman Law Firm investigates the facts thoroughly to accurately establish liability and protect your family's right to compensation.
Taking immediate action protects your family's legal rights. 1. Request and secure a copy of the death certificate and any police or incident reports. 2. Preserve all evidence related to the incident, including photographs, clothing, or defective items. 3. Gather your loved one's financial records and medical bills. 4. Avoid speaking with insurance adjusters or signing any settlement offers. 5. Contact a qualified attorney. Jeffrey S. Altman at The Altman Law Firm can guide you through these critical early steps while you focus on grieving.
Florida law allows for the recovery of several types of damages. Survivors may seek compensation for the loss of support and services, loss of companionship and protection, mental pain and suffering, and lost parental instruction. The estate may recover lost earnings, lost prospective net accumulations, and medical or funeral expenses paid directly by the estate. Under Fla. Stat. § 768.21, the specific damages available depend on the survivor's relationship to the deceased. The Altman Law Firm carefully evaluates each claim to pursue all applicable damages.
Under Florida Statute § 768.21, survivors can recover compensation for the loss of the deceased’s support, services, companionship, and protection. Family members may also seek damages for mental pain and suffering, as well as medical or funeral expenses. Additionally, the estate can recover lost earnings and costs charged directly to it.
Under the Florida Wrongful Death Act (Fla. Stat. § 768.20), the personal representative of the deceased person’s estate is the only party legally authorized to file a wrongful death lawsuit. While the action is brought by a single individual, they file the claim on behalf of the estate and all qualifying survivors. Florida law specifically defines survivors as the decedent’s spouse, children, parents, and any blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support. The process requires careful coordination between probate and civil court: 1. Open an estate in a Florida probate court to initiate the legal framework. 2. Obtain "Letters of Administration" to formally appoint the personal representative named in a will or selected by the court. 3. Identify all statutory survivors to ensure their specific damages, such as loss of companionship and mental pain and suffering, are included. 4. File the formal complaint within Florida’s strict two-year statute of limitations. Navigating these complex legal requirements while grieving is a heavy burden. Jeffrey S. Altman and The Altman Law Firm provide the compassionate guidance and Florida-specific expertise necessary to manage the probate process and fight for the accountability your family deserves.
The personal representative acts as the legal figurehead for the deceased person's estate. Their role is to file the wrongful death lawsuit, manage the litigation, and distribute any recovered compensation to the eligible survivors and the estate according to Florida law. If the deceased left a will, the named executor typically serves this role. If there is no will, the court appoints someone, usually a surviving spouse or close relative. The Altman Law Firm routinely assists families in establishing this critical legal role.
No, Florida law currently does not allow parents to file a wrongful death lawsuit for the loss of an unborn child. The Florida courts have ruled that a fetus is not considered a person under the Florida Wrongful Death Act. However, the mother may still have a personal injury claim for her own physical injuries and the associated emotional distress caused by the negligence. The Altman Law Firm can evaluate the circumstances to determine the appropriate legal action for the parents.
You may have a valid product liability wrongful death claim if a design flaw, manufacturing defect, or failure to warn caused the fatal injury. Under Florida law, manufacturers, distributors, and retailers can be held strictly liable when their dangerous products cause death. These cases require extensive technical analysis and preservation of the defective item. Jeffrey S. Altman and The Altman Law Firm coordinate with engineers and safety analysts to prove the product was defective and hold the responsible corporations accountable.
There is no typical or average settlement amount for a wrongful death claim. Compensation varies widely based on the deceased's age, earning capacity, the degree of negligence, and the specific emotional and financial reliance of the surviving family members. Each case involves unique economic losses and profound personal grief. Jeffrey S. Altman and The Altman Law Firm meticulously calculate all past and future damages to ensure any settlement demand accurately reflects the immense loss your family has endured.
You do not need upfront money to hire legal representation. The Altman Law Firm handles wrongful death cases strictly on a contingency fee basis. This means attorney fees and case costs are only collected as a percentage of the financial recovery if compensation is obtained on your behalf. If no recovery is made, you do not owe attorney fees. Jeffrey S. Altman provides free initial consultations to discuss your situation without any financial obligation or out-of-pocket expenses.
Under the Florida Wrongful Death Act (Fla. Stat. § 768.16), a wrongful death claim arises when a person's death is caused by the wrongful act, negligence, default, or breach of contract of another. It allows the deceased person's estate and surviving family members to seek compensation for their losses. Jeffrey S. Altman and The Altman Law Firm help families navigate these complex claims to hold responsible parties accountable while honoring the memory of their loved ones.
When a wrongful death results from medical negligence, the case must follow the strict pre-suit requirements of Florida's medical malpractice laws (Fla. Stat. Chapter 766) in addition to the Wrongful Death Act. This involves obtaining a sworn statement from a medical professional verifying that the standard of care was breached before filing a lawsuit. These cases are highly complex and carry specific procedural hurdles. The Altman Law Firm has the resources to investigate medical records and pursue accountability for fatal healthcare errors.
Criminal charges and civil wrongful death claims are separate legal processes. The state handles the criminal case to punish the offender, while the civil lawsuit seeks financial compensation for the survivors. A wrongful death claim can proceed even if the defendant is acquitted in criminal court, because civil cases require a lower burden of proof. The Altman Law Firm monitors any ongoing criminal proceedings closely, as evidence presented there can often be used to strengthen your civil claim.
The at-fault party or their insurance company is ultimately responsible for covering medical and funeral expenses caused by their negligence. Under the Florida Wrongful Death Act, if a surviving family member paid for these expenses out of pocket, they can seek reimbursement. If the deceased's estate paid the expenses, the personal representative can claim them on behalf of the estate. Jeffrey S. Altman and The Altman Law Firm work to ensure these sudden financial burdens are shifted away from the grieving family.