How Long Do Families Have to File a Wrongful Death Lawsuit in Florida?
30Jan
How long do families have to file a wrongful death lawsuit in Florida? Understanding this timeline is crucial for protecting your family’s future following the loss of a loved one. In Florida, families typically have a period of two years from the date of their loved one’s passing to initiate a wrongful death lawsuit. If a death results from someone else’s negligence or wrongful act, you might have the right to seek justice through a civil claim. Failing to meet this deadline could prevent you from recovering damages related to medical bills, funeral expenses, and the loss of companionship.
If you are looking for justice after your loss, it’s essential to have a knowledgeable legal team by your side. Contact Light & Wyatt Law Group at 727-499-9900 to discuss your situation and protect your rights.
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How Long Is the Statute of Limitations for a Wrongful Death Lawsuit in Florida?
In law, a statute of limitations serves as a deadline for initiating a lawsuit, determining the latest time a legal action can be brought following an incident. In Florida, the deadline to file a wrongful death suit is typically two years from the date of the person’s passing. This Florida wrongful death statute of limitations is in place to encourage timely filings while the evidence is still available, and witnesses can recall events accurately. Although two years might sound like a long time, investigating a fatal incident, compiling medical documentation, and pinpointing all responsible parties can take several months before a formal complaint is prepared.
Recent data underscores the critical need for timely filings. In 2023, there were 3,409 traffic-related fatal accidents in Florida, leading to numerous wrongful death cases. Initiating your filing early can help you navigate possible court system delays more effectively.
Regardless of whether the death was caused by a car accident, medical negligence, or a distinct case such as a wrongful death lawsuit against an AI platform, the two-year deadline continues to be a challenge for families in mourning.
When Does the Deadline to File a Florida Wrongful Death Claim Begin?
To determine the wrongful death lawsuit deadline in Florida, it’s important to pinpoint when the time limit begins. Generally, the clock for a wrongful death claim starts on the date of the individual’s death, which is different from personal injury claims that usually begin on the date of the accident. In cases where a person survives an accident for some time before passing away, the two-year statute of limitations kicks in on their date of death, not when the injury occurred.
For instance, if someone is injured in a slip and fall incident in January but passes away in June from those injuries, the two-year time limit would typically commence in June.
There are exceptions to the usual two-year deadline. For example, if the cause of death is not clear or is concealed, the timeframe might be extended, but proving this can be challenging without a wrongful death lawyer.
In medical malpractice, the two-year period may start when the cause of death is discovered. For homicide, the statute could be delayed until the suspect is identified or arrested. If the deceased was a minor or incapacitated, the deadline may be paused until they reach adulthood or are no longer incapacitated. It’s important to consult an attorney quickly to avoid missing these deadlines.
Because the laws surrounding these timelines are rigid, you should not assume an exception applies to your case without a formal legal review. Waiting too long to contact a Florida injury lawyer can result in losing the ability to hold the responsible parties accountable for their actions.
What Happens If a Wrongful Death Lawsuit Is Filed After the Deadline?
Missing the Florida wrongful death statute of limitations can have serious consequences. If you file a claim after the two-year period, the defendant will likely file a “motion to dismiss,” which most courts will grant, dismissing your case without a trial. Once this deadline passes, you lose the chance to pursue compensation, and insurers have no incentive to settle since you can’t take them to court.
That’s why it’s essential to act quickly. A Florida wrongful death lawyer needs time to:
- Gather and preserve evidence.
- Speak with eyewitnesses before memories fade.
- Consult accident reconstruction or medical professionals for case support.
- Negotiate with insurance companies that may delay.
By getting started early, you give your legal team the opportunity to build a strong case, allowing you to focus on healing and honoring your loved one while they manage the wrongful death lawsuit deadline in Florida.
No amount of money can replace a loved one. However, a successful claim can provide your family with the financial security to move forward and hold the responsible parties accountable. If you are seeking justice for a loved one, do not wait until the deadline is approaching to seek help. Contact us at Magazine & Light Law Group to safeguard your wrongful death lawsuit.
Frequently Asked Questions
How long do families have to file a wrongful death lawsuit in Florida?
In Florida, families must file a lawsuit within two years from the date of the decedent’s death, as required by state law.
Are there exceptions to the Florida wrongful death statute of limitations?
Exceptions are rare but can occur in cases of fraudulent concealment by the defendant or when the liable party’s identity couldn’t be discovered through reasonable due diligence. Medical malpractice wrongful death claims also have distinct timelines that may impact the process.
Who is allowed to file a wrongful death lawsuit in Florida?
In Florida, the personal representative of the deceased’s estate is responsible for filing the lawsuit. This individual is typically named in the will or appointed by the court, and the lawsuit is filed on behalf of the estate and surviving family members like spouses, children, or parents.
James (Jim) Magazine is a Florida Board Certified Civil Trial lawyer who has spent his career helping injured victims. Jim is licensed to practice law in the State of Florida since 1990 and is also admitted to practice at the Appellate level and admitted to the United States Supreme Court.
Years of Experience: More than 30 years
Florida Registration Status: Active
Bar Admissions:
Clearwater Bar Association
West Pasco Bar Association