Understanding the Statute of Limitations on Wrongful Death in Florida

Personal injury cases differ from wrongful death cases in that in personal injury cases, the injured is still living whereas wrongful death occurs when the injured dies as a result of their injury.  Who can file the lawsuit and the deadline to do so are also different.  

Do you have a loved one who died during a car accident, a workplace accident, as a result of a slip-and-fall accident, or another type of accident? You could have a strong wrongful death case on your hands. You do not want to wait too long to seek legal advice because the statute of limitations for a personal injury case is two years from the date of the accident and the statute of limitations for a wrongful death suit is two years from the date of the death. 

Are you wondering how you should you go about hiring an attorney to help you avoid missing the time limit for for bringing a wrongful death of a loved one in the Sunshine State? Secure a better understanding below.

What Is the Statute of Limitations on Wrongful Death in Florida?

There is a statute of limitations for all personal injury cases in Florida. This includes wrongful death cases, such as those involving car accidents, truck accidents, motorcycle accidents, pedestrian accidents, and more.

The statute of limitations on wrongful death in Florida is currently set at two years, per Florida Statute 95.11 (4)(d). You and your family will have two years from the day your loved one died to put together a wrongful death case with help from a personal injury attorney you trust.

Are There Exceptions to the Time Limit On Wrongful Death Cases in Florida?

Generally speaking, families must file wrongful death cases in Florida within two years of a loved one dying. However, there is a notable exception to this rule to consider when you wish to move forward with a personal injury lawsuit.

If a family member died during a medical procedure and you plan to file a lawsuit against the medical professional who you believe caused their death, you might have over two years to file a wrongful death case. In this instance, families can focus on filing wrongful death lawsuits “within 2 years from the time the incident is discovered” or should have been discovered,” according to Florida Statute 95.11 (4)(b).

The reason for this is because some families do not suspect medical malpractice may have caused a loved one’s death until weeks or even months after the fact. This exception extends the window of time you have to file a case.

However, even under these circumstances, Florida Statute 95.11 (4)(b) only provides families with up to four years from a loved one’s death to file a wrongful death lawsuit. If they wait any longer than this, the statute of limitations on wrongful death in Florida will run out and will prevent you from filing a wrongful death lawsuit. 

How Can You File a Wrongful Death Claim in Florida?

Is your family considering taking legal action against someone who you feel was to blame for a loved one’s death? Knowing about the statute of limitations for wrongful death cases in Florida puts you in a better position to file a lawsuit.

It is important to hire an experienced wrongful death lawyer in Florida to handle your case. They can ensure the statute of limitations does not run out on you. They can also gather the necessary evidence to prove wrongdoing on the part of the person or organization that caused a loved one’s death.

It is also very important to contact an attorney as soon as you determine you would like to pursue a wrongful death case. This is because there are also situations where the time to file a lawsuit is actually shortened (such as one against a governmental entity like a Veterans Affairs Hospital which requires a six month waiting period before filing a lawsuit).  

Hire a Wrongful Death Attorney From Our Law Firm To Assist You

If your family wants to take legal action in the aftermath of a loved one’s death, a wrongful death lawyer from The Law Offices of Marc L. Shapiro, P.A., can help you through the process. We can further explain the statute of limitations on wrongful death in Florida and help you file a lawsuit before you reach the time limit.  Call us at 239-500-5000 or contact us online to begin working with one of our experienced wrongful death attorneys.