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 an individual passes away due to the negligence, default, or wrongful act of another person or entity. These cases are civil actions brought independently of any criminal proceedings. In Florida, the personal representative of the deceased person's estate must file the lawsuit on behalf of surviving family members, including a spouse, children, and parents. Navigating these statutes requires careful attention to detail, particularly regarding which family members may recover specific types of damages.
Common Causes of Fatal Incidents in Lee County
Lee County's bustling roadways, waterways, and growing communities unfortunately see their share of serious and fatal incidents. From busy stretches along Interstate 75 and U.S. 41 to local residential corridors, motor vehicle collisions remain a leading cause of accidental fatalities. Other tragic situations can arise from unsafe commercial properties, defective products, or workplace incidents. When negligence plays a role in these events, surviving family members have the right to investigate the circumstances and hold responsible parties accountable.
Time Limits and Legal Considerations
Timing is a critical factor in any potential legal action. Florida law establishes a specific statute of limitations for filing a wrongful death claim, which generally limits the time you have to initiate a lawsuit from the date of the passing. Waiting too long can permanently bar your family from seeking justice and compensation. Furthermore, Florida follows comparative fault principles, which may apply if questions arise regarding the circumstances of the incident. Having knowledgeable legal counsel helps ensure your family's rights are protected while you focus on healing.
Frequently asked questions
Who is eligible to file a wrongful death claim in Florida?
Under Florida statutes, a wrongful death action must be filed by the personal representative appointed on behalf of the decedent's estate. The complaint must identify surviving family members who may be entitled to damages, including the surviving spouse, children, parents, and in some cases, blood relatives or adoptive siblings who were dependent on the deceased for support.
What types of compensation can surviving family members pursue?
Depending on the specific circumstances and relationship to the deceased, recovery may include compensation for lost support and services, mental pain and suffering, medical and funeral expenses incurred directly due to the incident, and loss of companionship and guidance.
How long do we have to file a claim in Lee County?
Florida has strict deadlines governing how long families have to file a wrongful death lawsuit. Because investigating an incident takes time and evidence must be preserved, it is advisable to speak with legal counsel promptly to understand the applicable timeline for your situation.
How can The Altman Law Firm assist our family?
The Altman Law Firm provides compassionate guidance throughout the legal process. We handle the investigation, gather necessary documentation, consult with industry professionals when appropriate, and manage communications with insurance companies so your family can focus on emotional recovery.
Contact The Altman Law Firm today to discuss your situation with compassion and care. Call (305) 373-3730.