Losing a family member is one of the most heartbreaking experiences anyone can face, especially when their death could have been prevented. At the Altman Law Firm, Jeffrey S. Altman and our dedicated team understand that no amount of legal action can truly make things right. However, holding negligent parties accountable under the Florida Wrongful Death Act can provide a sense of justice and help secure your family's future. If you are navigating an unimaginable loss in the North Miami area, we are here to listen, support you, and help you understand your legal options during this difficult time.
A wrongful death occurs when a person loses their life due to the negligence or wrongful act of another individual or entity. In North Miami, these tragedies can happen anywhere from a severe collision on Biscayne Boulevard to an unexpected incident near the Oleta River. Florida law allows surviving family members, such as spouses, children, or parents, to seek compensation for their profound loss. This process is governed by the Florida Wrongful Death Act, which outlines exactly who can file a claim and what types of damages may be pursued, such as lost support, medical expenses prior to passing, and funeral costs.
Time is a critical factor when dealing with a wrongful death claim. Florida enforces a strict statute of limitations for these cases, which limits the window of time you have to file a lawsuit in civil court. While grieving, taking legal action might be the furthest thing from your mind, but delaying can unfortunately jeopardize your ability to hold the responsible party accountable. Gathering evidence from a crash site near I-95 or securing witness statements takes time. Consulting with a compassionate legal professional early on can help preserve crucial information while you focus on being with your family.
The legal process can feel overwhelming, especially when you are mourning. Jeffrey S. Altman and the team at the Altman Law Firm approach every case with empathy and dedication. We meticulously investigate the circumstances of the incident, whether it involves a complex commercial vehicle accident, a pedestrian tragedy on NE 125th Street, or a premises liability issue. We negotiate with insurance companies and navigate the complexities of comparative negligence laws so that you do not have to. Our goal is to shoulder the legal burden, allowing you the space to heal while we pursue the justice your loved one deserves.
Under Florida law, the personal representative of the deceased person's estate must file the wrongful death claim. They bring the lawsuit on behalf of the estate and any surviving family members who are legally entitled to recover damages, which typically includes the deceased's spouse, children, and sometimes parents or other dependent relatives.
Florida has a specific statute of limitations for wrongful death cases, which is generally two years from the date of the person's passing. There are some rare exceptions that might alter this timeline, but failing to file within the designated period typically results in losing the right to seek compensation.
While every case is uniquely different, damages in a wrongful death claim can include compensation for funeral and burial expenses, medical bills incurred before death, loss of the deceased person's expected income, and loss of companionship, guidance, and emotional support.
Not always. Many wrongful death claims are resolved through out-of-court settlements before a trial becomes necessary. However, if a fair agreement cannot be reached with the insurance company or responsible party, taking the case to a court in Miami-Dade County may be the appropriate next step to pursue accountability.
Florida follows a comparative negligence system. This means that even if your loved one was partially responsible for the incident that led to their passing, the estate may still be able to recover damages. The overall compensation would simply be reduced by the percentage of fault attributed to your loved one.
If your family is grieving the loss of a loved one due to someone else's negligence in North Miami, contact the Altman Law Firm today to discuss your situation in a confidential consultation. Call (305) 373-3730.