Losing a family member is one of the most heartbreaking experiences anyone can face, especially when their passing could have been prevented. In Hollywood, Florida, families dealing with an unexpected loss due to someone else's negligence often find themselves overwhelmed by grief, funeral expenses, and sudden financial instability. At Altman Law Firm, led by attorney Jeffrey S. Altman, we provide compassionate and dedicated legal support to families navigating the complexities of Florida's Wrongful Death Act. While no legal action can ever replace the person you love, holding the responsible parties accountable can provide a sense of closure and help secure your family's future during a deeply difficult time.
Hollywood is a vibrant city, from the bustling traffic along the I-95 corridor to the busy intersections near Young Circle and Hollywood Boulevard. Sadly, fatal accidents can occur anywhere, whether from a severe motor vehicle collision, a premises liability incident, or other forms of negligence. Under Florida law, a wrongful death claim arises when a person's death is caused by the wrongful act, negligence, default, or breach of contract of another person or entity. The primary purpose of these claims is to shift the financial burden from the grieving family back to the party responsible for the loss.
Florida's Wrongful Death Act has specific guidelines on who is permitted to bring a claim forward. Generally, the personal representative of the deceased person's estate must file the lawsuit. They do so on behalf of the estate and surviving family members, which can include the deceased's spouse, children, and parents. Depending on the specific circumstances, certain blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support or services may also be eligible to recover damages. Understanding these classifications is vital for ensuring the right individuals are represented in the Broward County court system.
Surviving family members may seek compensation for several types of damages, including loss of support and services, loss of companionship, and mental pain and suffering. The estate itself may also pursue damages for medical and funeral expenses, as well as lost earnings from the date of injury to the date of death. It is incredibly important to act thoughtfully but promptly. In Florida, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of death. Failing to file within this timeframe typically bars the family from seeking compensation, making it critical to consult with legal counsel as soon as you feel ready.
Murder is a criminal charge brought by the state with the goal of penalizing the offender with prison time or other criminal penalties. Wrongful death, however, is a civil action brought by the deceased person's estate seeking financial compensation for the family's loss. A wrongful death claim can still be pursued even if the responsible party is not facing criminal charges or was acquitted in criminal court.
Florida follows a modified comparative negligence system. If the deceased person was partially at fault for the accident that led to their passing, the family may still be able to recover damages. However, the overall compensation will be reduced by the percentage of fault attributed to the deceased, provided their portion of fault does not exceed 50 percent.
Not necessarily. Many wrongful death claims are resolved through out-of-court settlements before a trial is needed. We negotiate directly with insurance companies and defense counsel to seek a fair resolution for your family. However, if a fair settlement cannot be reached, it may be necessary to present your case before a judge or jury in Broward County.
Altman Law Firm offers initial consultations for families dealing with a wrongful death. This conversation allows us to understand the details of what happened to your loved one and explain your legal options without any upfront costs or obligations for you to move forward.
If you have lost a loved one due to someone else's negligence in Hollywood, contact Altman Law Firm today to discuss your family's legal options in a compassionate, confidential setting. Call (305) 373-3730.