Reviewed by Jeffrey S. Altman · Florida Bar No. 159174 · Reviewed 15 September 2026
Understanding Wrongful Death Claims in Florida
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. These claims are designed to support surviving family members who suffer emotional and financial losses. In Florida, a wrongful death lawsuit must typically be brought by the personal representative of the deceased person's estate on behalf of surviving family members, including a spouse, children, parents, and any blood relatives or adoptive brothers who were dependent on the decedent for support.
Navigating Local Roads and Common Hazards in Indian River County
Indian River County spans diverse communities, from the coastal beauty of Vero Beach to the quieter residential areas of Sebastian and Fellsmere. Major roadways like Interstate 95, U.S. Route 1, and State Road 60 see heavy local and tourist traffic, which unfortunately can contribute to severe motor vehicle collisions, pedestrian accidents, and commercial truck crashes. Beyond traffic incidents, fatal accidents can also occur due to dangerous property conditions, defective products, or workplace negligence. When these tragedies happen locally, families need a clear understanding of their rights under Florida's legal framework.
Important Legal Timeframes and Considerations
Navigating the aftermath of a fatal accident involves adhering to strict legal deadlines. In Florida, the statute of limitations for filing a wrongful death lawsuit generally allows two years from the date of the passing to initiate a claim. Failing to act within this timeframe can permanently bar the family from seeking compensation. Furthermore, Florida follows a comparative fault system, meaning that insurance companies or opposing counsel may attempt to assign a portion of the blame to the deceased. Having knowledgeable legal counsel helps ensure that evidence is properly preserved and that your family's rights are vigorously protected.
Frequently asked questions
Who is eligible to file a wrongful death claim in Florida?
Under Florida law, the personal representative named in the deceased person's will or appointed by the court must file the wrongful death lawsuit. The claim is brought on behalf of surviving family members, including the spouse, children, parents, and dependent blood relatives.
What types of compensation can be recovered in these cases?
Recoverable damages in a Florida wrongful death claim may include the value of lost support and services, medical and funeral expenses paid by survivors, loss of companionship and parental guidance, and mental pain and suffering experienced by surviving family members.
How long do we have to file a wrongful death lawsuit in Indian River County?
Generally, Florida law establishes a two-year statute of limitations for wrongful death actions, starting from the date of the individual's passing. Because investigating a claim takes time, it is important to consult with legal counsel promptly.
How does The Altman Law Firm assist families in Indian River County?
At The Altman Law Firm, we provide compassionate guidance, conduct thorough investigations into the cause of the tragedy, handle communications with insurance companies, and advocate for accountability so families can focus on healing.
Contact The Altman Law Firm today to discuss your situation with a compassionate professional. Call (305) 373-3730.