Reviewed by Jeffrey S. Altman · Florida Bar No. 159174 · Million Dollar Advocates Forum member · Reviewed 15 September 2026
Navigating Florida Wrongful Death Claims
Under Florida's Wrongful Death Act, specific rules govern how a claim must be structured and who may seek compensation. Unlike standard personal injury lawsuits, a wrongful death action must be formally initiated by a personal representative appointed for the estate. This individual acts on behalf of surviving family members, which typically includes a spouse, children, and parents, as well as any blood relatives or adoptive siblings who relied on the deceased for financial support. Establishing liability requires a detailed review of the events leading up to the tragedy, ensuring that every contributing factor is properly examined.
Critical Legal Timelines Under Florida Law
Time is an essential element when addressing a wrongful death matter. In Florida, the statute of limitations generally requires a lawsuit to be filed within two years from the date of the passing. Waiting past this window can permanently close the door on your family's right to pursue justice through the courts. Beyond the legal deadlines, early action is vital for practical reasons. Evidence from local incidents along busy thoroughfares like US-1 or Interstate 95 can fade or disappear quickly, making prompt investigation essential for preserving the truth.
How The Altman Law Firm Stands By Your Family
Jeffrey S. Altman and the team at The Altman Law Firm recognize that every family's journey through grief is entirely unique. We handle the demanding legal and investigative work so that you can focus on healing and supporting one another. From gathering documentation and consulting with professionals to communicating with insurance adjusters, we manage the pressure of the legal process. Our approach is rooted in personal attention, honest communication, and unwavering advocacy for families throughout Indian River County.
Frequently asked questions
Who is eligible to file a wrongful death claim in Florida?
Under Florida law, the wrongful death action must be brought by the personal representative of the deceased person's estate. The personal representative files the lawsuit on behalf of surviving family members, including the spouse, children, parents, and dependent relatives.
What types of compensation can surviving family members recover?
Damages in a wrongful death claim may include compensation for lost financial support and services, loss of companionship and parental guidance, mental pain and suffering, medical expenses incurred prior to passing, and funeral or burial costs.
How long do we have to file a wrongful death lawsuit in Florida?
Generally, Florida law sets a strict statute of limitations of two years from the date of the passing to file a wrongful death lawsuit. Because exceptions and specific notice requirements can apply, speaking with a legal professional promptly is strongly recommended.
What does a wrongful death attorney do to help?
A wrongful death lawyer investigates the cause of the incident, identifies all potentially liable parties, gathers and preserves critical evidence, calculates damages, and handles negotiations with insurance companies or opposing counsel on behalf of the family.
Contact The Altman Law Firm today to discuss your family's situation with compassion and care. Call (305) 373-3730.
No fees or costs if no recovery. Free consultation, no obligation.