Reviewed by Jeffrey S. Altman · Florida Bar No. 159174 · Reviewed 15 September 2026
Understanding Wrongful Death Claims in Key West
Under Florida law, a wrongful death claim arises when a person passes away due to the wrongful act, negligence, default, or breach of contract of another person or entity. In picturesque areas like Key West, these heartbreaking situations can stem from various incidents, including severe traffic collisions along Overseas Highway, commercial boating accidents, slip and falls on unsafe commercial properties, or medical negligence. Florida's wrongful death statute dictates who may file a claim, typically starting with the personal representative of the deceased individual's estate on behalf of surviving family members.
Navigating Florida's Legal Timeline and Rules
When dealing with grief, legal deadlines are often the last thing on a family's mind. Yet, Florida law imposes strict time limits, known as the statute of limitations, for filing a wrongful death lawsuit. Generally, this period is two years from the date of the passing, though specific circumstances can alter this timeframe. Additionally, Florida follows a comparative fault system, which means insurance companies and defense teams may attempt to assign a percentage of blame to the deceased. Having knowledgeable legal counsel helps ensure your family's rights are protected against these tactics.
How The Altman Law Firm Can Support Your Family
At The Altman Law Firm, led by attorney Jeffrey S. Altman, we approach every wrongful death case with sensitivity, discretion, and determination. Our firm investigates the circumstances surrounding the incident, gathers vital evidence, collaborates with industry professionals when necessary, and handles all communication with insurance companies so you can focus on healing with your loved ones. We strive to lift the legal weight off your shoulders and pursue the accountability your family deserves.
Frequently asked questions
Who is eligible to file a wrongful death lawsuit in Florida?
Under Florida statutes, a wrongful death action must be brought by the personal representative of the decedent's estate. The personal representative recovers damages for the benefit of the surviving family members, including the spouse, children, parents, and any blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support or services.
What types of damages can be recovered in a Key West wrongful death case?
Surviving family members may be entitled to seek various forms of compensation, which can include the value of lost support and services, medical and funeral expenses incurred directly due to the injury, loss of companionship and protection for a spouse, and mental pain and suffering for surviving parents and children.
How long do we have to file a wrongful death claim in Florida?
In most standard Florida wrongful death cases, the statute of limitations requires that a lawsuit be filed within two years from the date of the individual's passing. Because investigating these complex matters takes time, it is beneficial to consult with legal counsel as soon as you feel ready to do so.
Why should we choose The Altman Law Firm for our case?
At The Altman Law Firm, we provide personalized, compassionate representation for families experiencing unimaginable loss. We handle every aspect of the legal process with care and professionalism, ensuring your family is treated with the dignity and respect you deserve during this difficult chapter.
Contact The Altman Law Firm today for a compassionate and confidential consultation regarding your situation in Key West. Call (305) 373-3730.