Losing a family member unexpectedly is one of the most heartbreaking experiences anyone can face. When that loss is caused by the careless or negligent actions of another person or a company, the grief is often compounded by a sense of injustice. At the Altman Law Firm, led by attorney Jeffrey S. Altman, we represent grieving families in Aventura and throughout Miami-Dade County. We understand that no amount of legal action can bring your loved one back, but pursuing a claim under Florida's Wrongful Death Act can help provide financial stability for your family during an incredibly difficult time.
Under Florida law, a wrongful death occurs when a person loses their life due to the wrongful act, negligence, default, or breach of contract of another party. The law outlines specific family members who are eligible to recover damages, which typically includes the deceased person's spouse, children, and parents. We help families in Aventura navigate these complex legal requirements, working to hold responsible parties accountable while you focus on healing and honoring your loved one's memory.
Aventura is a vibrant community, but its busy roadways and high volume of visitors can unfortunately lead to tragic accidents. Heavy traffic along Biscayne Boulevard, collisions near the Aventura Mall, and pedestrian incidents on William Lehman Causeway are sad realities for our area. Wrongful death claims can also arise from medical negligence, unsafe premises, or defective products. Regardless of how the tragedy occurred, our legal team investigates the circumstances thoroughly to understand the full scope of liability under Florida law.
Florida enforces strict time limits, known as the statute of limitations, for filing a wrongful death lawsuit. In most cases, families have a limited window from the date of their loved one's passing to initiate legal proceedings. Delays can result in the loss of critical evidence or the inability to pursue a claim altogether. While it is completely understandable to need time to grieve, consulting with an attorney early on can protect your legal rights. The Altman Law Firm is here to handle the legal burdens on your behalf, navigating the Miami-Dade County court system so you do not have to do it alone.
In Florida, the personal representative of the deceased person's estate must file the wrongful death claim. This individual acts on behalf of the deceased's estate and the surviving family members who are legally entitled to compensation, such as a spouse, children, or parents.
Eligible family members may be able to seek compensation for a variety of losses. This can include the loss of support and services, loss of companionship, mental pain and suffering, and medical or funeral expenses paid by the survivors. The specific damages depend on the relationship each survivor had with the deceased.
Generally, Florida law provides a two-year statute of limitations for wrongful death claims, starting from the date of death. However, certain circumstances, such as cases involving medical negligence or government entities, can alter these timelines. It is important to speak with legal counsel promptly to ensure your claim is filed on time.
Florida follows a comparative negligence system. This means that even if your loved one was partially responsible for the incident that led to their passing, you may still be able to recover damages. However, the overall compensation would be reduced by the percentage of fault attributed to your loved one.
Many wrongful death claims are resolved through settlement negotiations with insurance companies or responsible parties before reaching a trial. However, if a fair settlement cannot be reached, it may be necessary to present your case in a Miami-Dade County courtroom. We prepare every case to ensure your family's interests are fully represented.
If you have lost a loved one due to someone else's negligence in Aventura, contact the Altman Law Firm today to discuss your legal options in a compassionate and confidential consultation. Call (305) 373-3730.