Losing a loved one is an incredibly painful experience, and the thought of taking legal action might be the last thing on your mind during such a time. But did you know that there is a time limit on when you can pursue justice?
If you are asking, Is there a statute of limitations for wrongful death in Florida? The answer is yes. The wrongful death Florida statute of limitations sets specific deadlines for filing a claim, and missing these deadlines could prevent you from seeking compensation.
In this article, we will explore the statute of limitations for wrongful death cases in Florida, why these deadlines matter, and how consulting with a lawyer can help protect your rights.
Understanding Wrongful Death in Florida
A wrongful death refers to a situation where someone’s negligent, reckless, or intentional actions cause the death of another person. Common examples of wrongful death cases include fatal car accidents, medical malpractice, workplace accidents, and crimes.
While nothing can replace the loss of a loved one, filing a wrongful death claim can provide financial compensation for the surviving family members. This can help cover medical expenses, funeral costs, loss of income, and emotional distress.
Florida law allows the deceased person’s family members to pursue compensation for their loss. However, there is a statute of limitations that governs how long you can wait to file your claim.
What Is the Statute of Limitations for Wrongful Death in Florida?
Is there a time limit to sue for wrongful death? Yes. Survivors typically have two years from the date of the person’s death to file a wrongful death lawsuit, as outlined by the wrongful death Florida statute of limitations.
This time frame generally applies to most wrongful death claims in the state. But there are exceptions that could extend or reduce the time allowed, depending on the circumstances of the case.
Why the Statute of Limitations Matters
The statute of limitations serves several important purposes. First, it ensures that claims are filed promptly, while evidence is still fresh, and witnesses can recall events more clearly. It also provides a sense of finality, allowing the parties involved to move forward.
For grieving family members, the emotional and practical burdens of dealing with the death of a loved one can delay the decision to file a claim. However, waiting too long can significantly reduce your chances of obtaining compensation. These deadlines are strict, and failing to meet them could result in the dismissal of your case.
Exceptions to the Wrongful Death Florida Statute of Limitations
While the general rule is that you have two years to file a wrongful death lawsuit, there are some exceptions. For instance, in cases where the defendant is a government entity or employee, the statute of limitations may be shorter.
In these cases, you might have as little as six months to file a claim. Similarly, in cases of fraud, where evidence of wrongful death is uncovered later, the statute of limitations may be extended.
When the wrongful death resulted from a criminal act, the statute of limitations may still be two years, but the timing may be impacted by the defendant’s involvement in a criminal investigation or trial. If the defendant is not located or if there are specific delays, the court might grant additional time.
If the wrongful act that led to the death was not immediately known or could not have reasonably been discovered at the time of death, the statute of limitations may start when the cause of death is discovered or should have been discovered.
What Happens if You Miss the Statute of Limitations?
Failure to file your wrongful death claim within the stipulated time is likely to lead the court to reject your case. You might, therefore, lose your right to seek compensation for your loss, regardless of the merits of your case. This is why it is imperative to understand the deadlines and act promptly.
How a Wrongful Death Lawyer Can Help
Without a lawyer, it’s easy to miss the deadlines or misinterpret the rules. A lawyer specializing in wrongful death cases will help guide you through every step of the process, from filing the claim to negotiating settlements.
They can also help determine whether any exceptions to the statute of limitations apply to your case. With the right legal representation, you can focus on healing while your rights are protected.
At The Law Offices of Matthew J. Jowanna, P.A., we understand the pain and stress of losing a loved one due to someone else’s actions. Our Pasco County, FL wrongful death lawyer is here to help you file your claim within the statute of limitations.
If you have questions about the wrongful death Florida statute of limitations or need help assessing your legal options, contact us today to schedule a free consultation. Our experienced team will help you fight for justice and your rightful compensation.