Losing a family member is an unimaginable tragedy, especially when it happens because of someone else's negligence. In the quiet, residential neighborhoods of Miami Shores, from Biscayne Boulevard to the tree-lined streets near Barry University, sudden accidents can still shatter lives. At the Altman Law Firm, led by attorney Jeffrey S. Altman, we understand that no legal action can replace the person you lost. However, Florida law provides a way for grieving families to seek justice and financial stability. We are here to listen, support you, and help you understand your options under the Florida Wrongful Death Act during this incredibly difficult time.
Under Florida law, a wrongful death claim can be brought when a person's death is caused by the wrongful act, negligence, or default of another party. The law specifically allows the deceased person's estate, through a designated personal representative, to file the claim. This representative acts on behalf of surviving family members, such as a spouse, children, or parents, who may be eligible to recover damages. These damages can relate to medical and funeral expenses, lost support and services, and the profound emotional pain of losing a parent or spouse.
While Miami Shores is known for its peaceful, tight-knit community, it is still bordered by major thoroughfares like I-95 and highly trafficked local roads such as NE 2nd Avenue. Fatalities can occur due to severe car and motorcycle crashes, commercial trucking collisions, pedestrian accidents, or even premises liability incidents. Whether an accident happens locally or elsewhere in Miami-Dade County, investigating the circumstances promptly is a crucial step in preserving evidence and holding the responsible parties accountable.
Time is a critical factor in any legal matter, and wrongful death claims are no exception. In Florida, the statute of limitations generally requires that a wrongful death lawsuit be filed within two years from the date of the person's passing. There are rare exceptions to this rule, but failing to act within the prescribed timeframe usually means losing the right to seek compensation forever. Reaching out to an attorney early allows for a thorough investigation before evidence is lost or memories fade.
Dealing with insurance companies, defense attorneys, and the Miami-Dade County court system is overwhelming when you are grieving. Jeffrey S. Altman and the team at the Altman Law Firm provide personalized, dedicated guidance for every family we help. We handle the complex legal filings, negotiate with insurance carriers, and prepare your case thoroughly, allowing you and your family the space you need to heal and honor your loved one.
In Florida, the personal representative of the deceased person's estate must file the wrongful death lawsuit. This individual is typically named in the deceased's will or estate plan. If there is no will, the court will appoint a personal representative. They file the claim on behalf of the estate and surviving family members who are legally entitled to recover damages.
Eligible family members may seek compensation for the loss of support and services, loss of companionship, and mental pain and suffering. Additionally, the estate can seek to recover medical and funeral expenses paid directly by the estate, as well as lost earnings from the date of injury to the date of death.
The timeline for a wrongful death claim varies widely depending on the complexity of the case, the clarity of liability, and whether the matter resolves out of court or proceeds to trial. Some situations resolve in months, while others may take much longer. We focus on moving your case forward diligently while keeping you informed at every stage.
Florida follows a comparative negligence system. This means that if your loved one was partially responsible for the accident, the amount of compensation recovered might be reduced by their percentage of fault. However, you may still have a valid claim even if they shared some of the blame.
Many wrongful death claims are resolved through negotiated settlements before a lawsuit is even filed or before a trial begins. However, if a fair settlement cannot be reached, it may be necessary to litigate the case in the Miami-Dade County civil courts. We prepare every matter thoroughly to ensure we are ready for any scenario.
If you have lost a loved one due to someone else's negligence, the Altman Law Firm is here to help you find answers. Contact us today to schedule a confidential and compassionate consultation. Call (305) 373-3730.