Losing a family member is an unimaginable tragedy, especially when that loss was preventable. In Miramar, families often face the sudden void left by a fatal accident on busy corridors like Miramar Parkway or I-75. Jeffrey S. Altman and the team at Altman Law Firm understand that while no legal action can replace a loved one, seeking accountability under Florida law can provide a sense of justice and necessary financial stability for the survivors left behind.
In Florida, wrongful death claims are governed by a specific set of statutes designed to protect the survivors of those killed by the negligence or wrongful acts of others. Under these laws, a personal representative of the deceased's estate must file the legal action on behalf of the surviving family members. This process identifies specific survivors, such as spouses, children, or parents, who may be eligible to seek compensation for emotional pain and suffering, loss of companionship, and the loss of future earnings and support.
Miramar’s unique location between Miami and Fort Lauderdale means our roads, including Red Road and the Florida Turnpike, see heavy traffic daily. Fatalities often occur due to high-speed collisions, distracted driving, or incidents involving commercial trucks. Beyond the road, wrongful death cases can arise from premises liability issues or medical negligence. Our firm focuses on investigating the circumstances surrounding these tragedies to determine if a breach of duty occurred and how it directly led to the loss of life.
It is critical for families in Broward County to be aware of the strict timelines associated with wrongful death litigation. In Florida, the statute of limitations for a wrongful death claim is generally much shorter than that of a standard personal injury case—typically two years from the date of death. Delaying the start of an investigation can lead to the loss of vital evidence or the expiration of your right to file. Consulting with a legal professional early ensures that your family's rights are preserved while you focus on the grieving process.
Florida law requires that a wrongful death claim be filed by the 'personal representative' of the deceased person's estate. This individual is often named in a will or appointed by a court and brings the action on behalf of the estate and all qualifying survivors.
Survivors may seek compensation for various losses, including medical and funeral expenses paid by the survivors, loss of the decedent's support and services, and the mental pain and suffering resulting from the loss of a child, spouse, or parent.
Proving negligence involves demonstrating that the responsible party owed the deceased a duty of care, that they breached that duty through action or inaction, and that this breach was the direct cause of the fatal injury.
Yes. A wrongful death claim is a civil action that is separate from any criminal proceedings. Even if the state does not pursue criminal charges or if the defendant is acquitted, the family may still pursue a civil claim for damages.
Florida follows a modified comparative negligence system. If the deceased person was partially responsible for the incident, the total recovery may be reduced by their percentage of fault. However, if they are found to be more than 50% at fault, recovery may be barred entirely.
If you are seeking legal guidance following the loss of a loved one in Miramar, contact Altman Law Firm to discuss your family's options in a confidential environment. Call (305) 373-3730.