Losing a loved one due to someone else's negligence is an unimaginable tragedy. At Altman Law Firm, led by Jeffrey S. Altman, we provide compassionate and dedicated legal guidance to families in Coral Springs and throughout Broward County during their most difficult times. We understand that no amount of financial compensation can replace your loved one, but holding the responsible parties accountable can help provide closure and secure your family's financial future.
Under Florida Statutes Chapter 768, known as the Florida Wrongful Death Act, certain surviving family members can seek compensation when a loved one's death is caused by a wrongful act, negligence, or breach of contract. This law specifies who can recover damages, which typically includes the spouse, children, parents, and any blood relatives or adoptive siblings who were partly or wholly dependent on the decedent for support or services. Navigating these statutes requires careful attention to detail, as the legal definitions of survivors and beneficiaries can be complex.
Coral Springs is a vibrant community, but busy corridors like University Drive, Sample Road, and the Sawgrass Expressway see significant traffic daily. Fatalities can occur due to devastating auto accidents, commercial truck collisions, pedestrian accidents near shopping centers like the Coral Square Mall, or incidents at local workplaces and medical facilities. When negligence on these roadways or within local establishments leads to a fatal injury, family members have the right to seek answers and legal recourse.
In Florida, the time frame to file a wrongful death lawsuit is strictly limited. Generally, a wrongful death claim must be filed within two years from the date of the individual's passing. Failing to initiate legal action within this statutory window can permanently bar your family from seeking justice. Because gathering evidence, reviewing medical records, and reconstructing accidents takes time, it is highly advisable to consult with a legal professional as soon as you feel ready to discuss your options.
In Florida, the personal representative of the deceased person's estate must file the wrongful death lawsuit. This representative is usually named in the deceased person's will or estate plan, or appointed by a probate court. The lawsuit is filed on behalf of the estate and the surviving family members who have a legal interest in the case, such as a spouse, children, or parents.
Damages in a Florida wrongful death claim are divided into two main categories: those recovered by the survivors and those recovered by the estate. Survivors may seek compensation for the value of lost support and services, loss of companionship, protection, and mental pain and suffering. The estate may recover lost earnings, lost accumulation of the estate, and medical or funeral expenses paid directly by the estate.
Florida follows a modified comparative negligence system. If the deceased individual is found to have shared some percentage of fault for the accident that caused their death, any financial recovery will be reduced by that percentage. Furthermore, if they are found to be more than 50% responsible, the estate and survivors may be barred from recovering damages entirely.
Not all wrongful death claims go to trial. Many cases are resolved through negotiations and settlements with insurance companies or the negligent parties before a lawsuit is even filed, or during the pre-trial litigation phase. However, if a fair settlement cannot be reached, presenting the case before a judge and jury in a Broward County court may be necessary to pursue the justice your family deserves.
If you have lost a family member due to negligence in Coral Springs, contact Altman Law Firm today for a confidential, compassionate consultation to discuss your legal options. Call (305) 373-3730.