Losing a loved one is an unimaginable tragedy that leaves families searching for answers and support. In the historic, close-knit village of El Portal, such a loss deeply impacts neighbors and families alike. While no financial recovery can replace a cherished family member, Florida law provides a pathway for grieving survivors to seek accountability and financial stability. At Altman Law Firm, we offer compassionate, dedicated legal guidance to help you navigate this difficult journey with dignity.
Under the Florida Wrongful Death Act, set forth in Florida Statutes Sections 768.16 through 768.26, a wrongful death action must be initiated by the personal representative of the deceased person's estate. This representative files the claim on behalf of the surviving family members—such as a spouse, children, or parents—as well as on behalf of the estate itself. Understanding who qualifies as a survivor and what damages can be sought requires a careful, compassionate review of Florida's specific statutory framework.
While El Portal is known for its quiet, tree-lined streets and sanctuary status, its location in the heart of Miami-Dade County places it near some of South Florida's busiest transit corridors. Fatal collisions, pedestrian accidents, and commercial vehicle crashes frequently occur along nearby thoroughfares such as Northeast 2nd Avenue, North Miami Avenue, and the adjacent Biscayne Boulevard corridor. When negligence on our shared roadways or in nearby commercial spaces leads to a fatal incident, surviving families deserve a thorough investigation into the cause.
Seeking legal recourse after a loss involves strict procedural rules and tight deadlines. In Florida, the statute of limitations for wrongful death claims is generally two years from the date of death, which is significantly shorter than the timeframe for standard personal injury cases. Gathering evidence, securing accident reports from local law enforcement, and filing the necessary paperwork in the Miami-Dade County court system must be handled with precision. Having dedicated legal counsel to manage these details allows your family to focus on healing.
In Florida, the personal representative (or executor) of the deceased person's estate is the individual who must formally file the wrongful death lawsuit. This representative files the claim on behalf of the surviving family members—such as a spouse, children, or parents—and the estate itself, detailing each survivor's relationship to the deceased.
Depending on their relationship to the deceased, survivors may seek compensation for mental pain and suffering, loss of companionship, loss of support and services, and medical or funeral expenses paid by the survivors. Additionally, the estate may recover lost prospective earnings and funeral expenses paid directly by the estate.
Generally, Florida law establishes a two-year statute of limitations for wrongful death claims, beginning from the date of the individual's passing. Because there are very few exceptions that can extend this timeline, it is important to consult with a legal professional early to ensure your family's rights are protected.
Florida follows a modified comparative fault system. If the deceased individual is found to have shared some responsibility for the underlying accident, any financial recovery may be reduced by their percentage of fault. If they are determined to be more than 50% responsible, recovery is legally barred. We work diligently to analyze the facts and address these complex legal arguments.
We represent grieving families on a contingency fee basis. This means there are no upfront legal fees or out-of-pocket costs for our representation. We only receive attorney fees if we successfully secure a financial recovery on your behalf through a settlement or court judgment.
Contact Altman Law Firm today to schedule a confidential, complimentary consultation with Jeffrey S. Altman to discuss your family's legal options. Call (305) 373-3730.