The sudden loss of a family member is a life-altering tragedy that leaves survivors with immense emotional and financial burdens. When a death in Sunrise is caused by the negligence or wrongful act of another, Florida law provides a framework for families to seek accountability. At Altman Law Firm, we understand the sensitive nature of these cases and provide the dedicated advocacy needed to navigate the legal complexities of the Florida Wrongful Death Act during such a difficult time.
In the state of Florida, wrongful death claims are governed by statutes (Sections 768.16 through 768.26) that allow certain survivors to seek compensation for their losses. A claim must be brought by the personal representative of the deceased person's estate. This representative files the action on behalf of the estate and all surviving family members, which may include spouses, children, parents, and other relatives who were dependent on the decedent for support. Our firm assists families in Sunrise by identifying eligible survivors and ensuring that the claim accurately reflects the profound impact of their loss.
Sunrise is home to busy transit corridors and major commercial hubs, such as the Sawgrass Mills area and the interchanges of I-75 and the Sawgrass Expressway. Unfortunately, these high-traffic zones are often the sites of fatal motor vehicle accidents, including those involving commercial trucks or pedestrians. Beyond traffic collisions, wrongful death cases in Broward County can also arise from premises liability incidents or medical negligence. Understanding the specific circumstances of an incident occurring on local roads like University Drive or Oakland Park Boulevard is essential for building a strong foundation for a legal claim.
Time is a critical factor in any legal proceeding, but it is especially vital in wrongful death cases. In Florida, the statute of limitations for filing a wrongful death lawsuit is generally much shorter than that for standard personal injury cases—typically two years from the date of death. While there are very limited exceptions to this rule, failing to act within this window can result in the permanent loss of the right to seek justice. Engaging with a firm early allows for the timely collection of evidence, such as traffic camera footage from Sunrise intersections or witness statements, before they are lost or forgotten.
Under the Florida Wrongful Death Act, survivors include the decedent's spouse, children, and parents. Additionally, any blood relatives or adoptive siblings who were dependent on the decedent for support or services may be entitled to recover damages.
Damages are divided into those recoverable by the survivors and those recoverable by the estate. Survivors may seek compensation for the loss of companionship, protection, and mental pain and suffering. The estate may seek recovery for lost earnings, medical expenses, and funeral costs.
If the deceased individual had a will, it usually names a personal representative. If there is no will, or the named person cannot serve, a Florida court will appoint someone to act in this capacity to oversee the estate and the legal claim.
Florida follows a system of comparative negligence. This means that even if the decedent was partially responsible for the incident, the survivors may still be able to recover damages, though the total recovery may be reduced by the decedent's percentage of fault.
The duration of a case varies significantly depending on the complexity of the accident, the number of parties involved, and the willingness of insurance companies to negotiate. Some cases may reach a resolution in months, while others involving litigation may take a year or longer.
If you are seeking guidance after the loss of a loved one in Sunrise, contact Altman Law Firm to discuss your family's legal rights. Call (305) 373-3730.