Fort Lauderdale Wrongful Death Attorney
Losing a family member is the most devastating experience anyone can face, especially when their death was caused by someone else's carelessness. At The Altman Law Firm, Jeffrey S. Altman and our legal team understand the deep emotional and financial toll this takes on families. While we are based in Miami, we dedicate our practice to helping grieving families throughout Fort Lauderdale and Broward County seek accountability under Florida's Wrongful Death Act. We are here to listen, investigate the circumstances of your loss, and guide you through the legal process with compassion and respect.
Understanding Florida's Wrongful Death Act
Under Florida law, a wrongful death claim can be brought when a person's passing is caused by the wrongful act, negligence, or default of another party. These claims are complex and must be filed by the personal representative of the deceased person's estate on behalf of surviving family members, such as spouses, children, or parents. Whether the tragedy occurred in a serious collision on I-95, a pedestrian accident near Las Olas Boulevard, or due to unsafe premises in Broward County, our firm focuses on identifying the responsible parties and holding them accountable for the harm they have caused your family.
Navigating the Legal Timeline in Fort Lauderdale
It is completely natural to feel overwhelmed after a sudden loss, but it is important to understand that Florida imposes strict deadlines, known as the statute of limitations, on wrongful death claims. Generally, families have a limited window from the date of death to file a lawsuit in the Broward County court system. Waiting too long can permanently bar your ability to seek accountability. Early investigation is often crucial to preserving evidence from the accident scene, obtaining police reports from local Fort Lauderdale authorities, and interviewing witnesses before memories fade.
The Impact of Comparative Negligence
Sometimes, insurance companies try to shift the blame onto the deceased person to reduce their own financial responsibility. Florida follows a modified comparative negligence standard. This means that if your loved one was partially at fault for the accident, it could impact the final resolution of the claim. Navigating these fault disputes requires a thorough understanding of state law and careful evidence gathering. Jeffrey S. Altman prepares every case meticulously, advocating for families to ensure the true facts of the incident are brought to light.
Frequently asked questions
Who is eligible to file a wrongful death lawsuit in Florida?
In Florida, the personal representative of the deceased person's estate must file the wrongful death claim. They do so on behalf of the estate and surviving family members, legally referred to as survivors. This typically includes a spouse, children, and sometimes parents or other dependents who relied on the deceased for support.
What kind of compensation can families seek in a wrongful death claim?
Damages in a wrongful death claim are divided into those recovered by the survivors and those recovered by the estate. Survivors may seek compensation for the loss of support, services, and companionship, as well as mental pain and suffering. The estate can seek recovery for lost earnings, medical expenses, and funeral or burial costs paid by the estate. Every situation is unique, and past results do not dictate future outcomes.
How long do I have to take legal action in Florida?
Generally, the statute of limitations for filing a wrongful death lawsuit in Florida is two years from the date of the person's death. There are some very specific exceptions that might shorten or extend this timeframe, but missing this deadline usually means you lose the right to file a claim. Consulting a lawyer promptly is highly recommended.
Does filing a claim mean we will have to go to trial in Broward County?
Not necessarily. Many wrongful death claims are resolved through out-of-court settlements before reaching a trial. However, if the insurance company or responsible party refuses to offer a fair resolution, it may be necessary to present your case before a judge and jury at the Broward County Courthouse. Our firm prepares every matter thoroughly so we are ready for trial if needed.
If you have lost a loved one due to someone else's negligence in Fort Lauderdale, contact The Altman Law Firm today to discuss your situation and explore your legal options. Call (305) 373-3730.