Losing a family member is an unimaginable tragedy, especially when it is caused by someone else's negligence. At The Altman Law Firm, we understand the profound emotional and financial toll of a sudden loss. Led by Jeffrey S. Altman, our firm provides compassionate and dedicated legal representation to grieving families throughout Broward County, helping them navigate the complex legal landscape during their darkest hours.
Losing a family member is an unimaginable tragedy, especially when it is caused by someone else's negligence. At The Altman Law Firm, we understand the profound emotional and financial toll of a sudden loss. Led by Jeffrey S. Altman, our firm provides compassionate and dedicated legal representation to grieving families throughout Broward County, helping them navigate the complex legal landscape during their darkest hours.
Under Florida Statute Section 768.19, when a person's death is caused by a wrongful act, negligence, or breach of contract, the decedent's estate can file a civil lawsuit. In Florida, a wrongful death claim must be filed by the personal representative of the deceased person's estate. This representative files the claim on behalf of the estate and the surviving family members, such as spouses, children, and parents. Recoverable damages can include loss of companionship, mental pain and suffering, lost support and services, and medical or funeral expenses. Navigating these statutes requires a careful understanding of state probate and personal injury laws.
Broward County is home to busy transit corridors like Interstate 95, Florida's Turnpike, and Interstate 75, where heavy traffic and high speeds often lead to devastating collisions. Fatal accidents also occur on local roads in communities like Fort Lauderdale, Hollywood, and Pembroke Pines. Whether a fatal incident stems from a commercial truck collision, a pedestrian accident, a motorcycle crash, or a dangerous condition on a property, our firm investigates the circumstances thoroughly. We work to identify all liable parties and hold them accountable for their actions.
It is crucial for families to be aware of the strict timelines associated with wrongful death claims in Florida. Generally, the statute of limitations for a wrongful death action is shorter than that of a standard personal injury claim, often requiring action within two years from the date of death. Failing to file within this window can permanently bar your family from seeking compensation. While legal action may be the furthest thing from your mind while grieving, securing legal representation early allows us to preserve critical evidence, interview witnesses, and build a strong foundation for your case.
In Florida, the personal representative named in the deceased person's will or appointed by the court is the only individual who can legally file a wrongful death lawsuit. However, this representative files the claim on behalf of the estate and surviving family members who have a legal interest, such as a spouse, children, or parents.
Damages in a Florida wrongful death claim generally fall into two categories: damages recovered by survivors and damages recovered by the estate. Survivors may seek compensation for emotional pain and suffering, loss of companionship, and loss of future support. The estate may recover lost earnings, medical expenses paid prior to death, and funeral costs.
Under Florida law, the statute of limitations for a wrongful death lawsuit is typically two years from the date of the individual's passing. There are very few exceptions to this rule, making it vital to consult with a qualified attorney as soon as possible to avoid losing your right to file.
Florida operates under a modified comparative negligence system. If the deceased individual is found to be partially at fault for the accident that led to their death, any recovery of damages will be reduced by their percentage of fault. If they are determined to be more than 50% responsible, recovery may be barred entirely.
A wrongful death claim is a civil action brought by the family's representative to seek financial compensation for losses. It is entirely separate from any criminal charges that state prosecutors might bring against the responsible party. A civil claim can proceed regardless of whether criminal charges are filed or result in a conviction.
If you have lost a loved one due to someone else's negligence in Broward County, contact The Altman Law Firm today to schedule a confidential consultation to discuss your legal options. Call (305) 373-3730.