What is the Statute of Limitations for Wrongful Death in Florida?

Understanding the Florida Wrongful Death Act and Statute of Limitations

injury lawsuit statute of limitations clock

When you're grappling with the loss of a loved one, and a potential wrongful death claim, you need to understand the intricacies of Florida's wrongful death act.

Filing a wrongful death claim in Florida, generally consists of legal actions brought forth by the deceased's estate after a decedent death due to negligent action.

The wrongful death statute of limitations sets a time window in which to file a lawsuit seeking compensation.

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    The statute of limitations for wrongful death in Florida is two years from the time of death under Florida Statute 95.11 (4)(d).

    It is important to be aware of the limitation deadline and ensure legal action is taken within this timeframe.

    Let's dive into the details of the Florida Statute to review what you need to know.

    In order to initiate an action, the statute dictates that a negligence claim related to a wrongful death must be filed within two years from the date of the death.

    This strict deadline is not flexible, outside of some rare extenuating exceptions.

    Outside of this deadline a civil path for remedy is closed using the legal process.

     

    "In certain circumstances the time limit to file a claim can be extended..."

    How Medical Malpractice Cases Impact Wrongful Death Claims in Florida

    In Florida, if the wrongful death was a result of medical malpractice the representative of the deceased's estate is subject to the statute of limitations requiring wrongful death claims be filed within two years from the date of death.

    However, an exception exists in the case of medical malpractice the following Florida Statute 95.11 (4)(b) allows for a wrongful death claim to be filed within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence.  The time not to exceed 4 years from the date of occurrence.

    This exception essentially provides for an additional 2 years from the date of death to uncover the causal incident which resulted in the death.

    The negligence of a healthcare provider, doctor mistakes, and hospital failures can sometimes lead to the unfortunate and wrongful death of a patient. In such medical malpractice cases, it remains crucial to take action urgently if wrongful death is suspected. The representative of the deceased has the burden to demonstrate that negligence directly led to the death. Being able to prove negligence in a medical malpractice case is a determining factor of the ultimate success of a death lawsuit.

    Since these cases are highly complex and the stakes are high, having a personal injury lawyer with a keen understanding of medical malpractice becomes critical. Your personal injury lawyer will guide you through the legal process, ensuring you meet the filing deadlines and recover the compensation and justice you deserve. In personal injury cases where the victim dies, the case transitions into a wrongful death lawsuit.

    So, if you have lost a loved one, seek the services of a wrongful death attorney right away. Experienced Wrongful death attorneys understand the intricacies of a death lawsuit and can help maximize the compensation entitled for the loss experienced.

    Exceptions to the Deadline to File in Florida

    While the general rule under the Florida Wrongful Death Act denotes a two-year statute of limitations for filing a wrongful death claim, consult with a knowledgeable wrongful death lawyer to review what exceptions to this law may apply. Depending on the circumstances there may be some wiggle room in which the wrongful death statute of limitations allows you to file your lawsuit outside of deadline.

    For example, the Florida statute of limitations for car accidents provides four years from the event to file a claim, assuming nobody was killed in the accident.

    One of the exceptions to the deadline is the discovery rule. If a person could not have reasonably discovered the cause of the wrongful death, the statute of limitations does not begin until the date of discovery. The most common application is in medical malpractice cases as mentioned above where malpractice wasn't discovered at the time of death.

    A wrongful death lawyer will be able to review the details of the death of the deceased and determine if there remains a path to filing a death lawsuit the courts will accept.

    Generally consider 2 years from the death the time to file a wrongful death claim without extenuating circumstances.  Other exceptions can include a delay in discovery of death or fraudulent concealment by the wrongdoer to avoid liability.

    Consult a wrongful death lawyer to review your rights under the Florida Wrongful Death Act and to strategically plan your wrongful death lawsuit within the boundaries of the prevailing law.

    Florida law

    Fighting For Justice: Overcoming Limitations in the Statute for a Wrongful Death Case in Florida

    While a death case in Florida must abide by the statute of limitations, it's not just the deadline to file that represents a time constraint. Wrongful death cases can require extensive investigation and evidence becomes more difficult to obtain the further from the incident date.  Waiting too long can pose a significant challenge to securing a just settlement.

    Our seasoned lawyers possess a deep understanding of Florida law, and even when the lawsuit is filed within the deadline they will be expected to build a strong case.

    Florida wrongful death cases  require special attention whether they result from medical malpractice or accidents, as they often fall within specialized areas of Florida law and require particular case handling strategies. After the loss of a loved one, the survivors deserve an expert lawyer representation in order to achieve the best possible outcome inside and out of the court.

     

    Filing a Wrongful Death Lawsuit? Our Florida Legal Experts Can Help

    When a tragic incident results in the loss of a loved one, it devastates the deceased person's family. Our Florida wrongful death attorneys can help review the details of your case and determine if you meet the legal standard to file a wrongful death suit. Our personal injury experts have handled numerous cases and will help you navigate Florida's personal injury law.

    In Florida, exceeding the time limit of the Statute of Limitations can prevent your obtaining the justice you deserve.

    Several accidents commonly result in personal injuries and wrongful death. From nursing home negligence to criminal acts, our team can help. There is no-obligation to review the details of your legal claim.  Let us help determine your legal options with a free case evaluation so you get the help you need to understand the options available in your case.

    Damages may be sought by the following family members:

    • The spouse, children, or parents
    • Blood relatives
    • Adoptive siblings
    • The parents of minors
    • Adult children when deceased had no spouse

    Retaining a competent personal injury attorney after a wrongful death in Florida is the first step to obtaining justice after such catastrophic loss.

     

     

     

     

     

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