Losing a family member is an emotionally shattering experience, especially when their death was preventable and caused by another's negligence. At Altman Law Firm, we understand that no legal action can replace your loved one. However, pursuing a wrongful death claim can help ease the financial burdens associated with your loss and provide a sense of closure. Led by attorney Jeffrey S. Altman, our firm stands ready to help families in Pompano Beach navigate the complex legal landscape with empathy and dedication.
Under Florida Statutes Sections 768.16 through 768.26, also known as the Florida Wrongful Death Act, a wrongful death claim must be filed by the personal representative of the deceased person's estate. This representative files the claim on behalf of the surviving family members and the estate itself. Surviving spouses, children, and parents may be eligible to recover damages for loss of companionship, mental pain and suffering, and lost support and services. Navigating these statutory definitions requires careful attention to detail, particularly when identifying all eligible survivors under Florida law.
Pompano Beach is a vibrant coastal community, but its busy thoroughfares and waterways also present significant risks. Fatal accidents frequently occur on major roadways such as Interstate 95, Federal Highway (US-1), and Atlantic Boulevard. Additionally, given our proximity to the Atlantic Ocean and local canals, fatal boating incidents near the Hillsboro Inlet are unfortunately common. Whether your loved one's passing was the result of a catastrophic car crash, a commercial truck collision, a pedestrian accident on A1A, or a fatal slip and fall, our firm is prepared to thoroughly investigate the circumstances of the incident.
In Florida, there is a strict timeframe for filing a wrongful death lawsuit. Generally, the statute of limitations for a wrongful death claim is two years from the date of the individual's passing. Failing to file within this window can permanently bar your family from seeking justice. It is also important to understand how comparative fault rules may impact your case. Even if your loved one was partially at fault for the accident, surviving family members may still be eligible to recover a portion of the damages. Consulting with a legal professional early can help preserve critical evidence, gather witness statements, and protect your rights before time runs out.
In Florida, a wrongful death lawsuit must be brought by the personal representative of the deceased person's estate. This individual is typically named in the deceased's will or appointed by a probate court. The personal representative files the claim on behalf of the estate and all qualifying survivors, such as spouses, children, and dependent relatives.
Damages in a wrongful death claim are divided into two categories: those recovered by surviving family members and those recovered by the estate. Survivors may seek compensation for emotional pain and suffering, loss of companionship, and lost financial support. The estate may recover medical and funeral expenses paid directly by the estate, as well as lost prospective accumulations of wealth.
Generally, the statute of limitations for a wrongful death lawsuit in Florida is two years from the date of death. There are very few exceptions to this rule, making it critical to discuss your situation with an attorney as soon as possible to ensure you do not miss this strict legal deadline.
Not all wrongful death claims end up in a trial. Many cases are resolved through negotiations and settlements with insurance companies or negligent parties before a lawsuit is filed, or during the pre-trial litigation phase. However, if a fair settlement cannot be reached, taking the case to court may be necessary to seek the compensation your family deserves.
If you have lost a loved one due to someone else's negligence in Pompano Beach, contact Altman Law Firm today to schedule a free, confidential consultation to discuss your legal options. Call (305) 373-3730.