Understanding the Florida Wrongful Death Statute of Limitations

Losing a loved one due to someone else’s negligence or wrongful act is a devastating experience. In Florida, families who have suffered such a loss may have the right to seek justice and compensation through a wrongful death lawsuit. However, it’s crucial to understand that there’s a limited window of time to take legal action. This time limit is known as the Florida wrongful death statute of limitations.

How long do you have to file a wrongful death lawsuit in Florida?

In Florida, the statute of limitations for wrongful death claims is generally two years from the date of death. This means that eligible family members or the deceased’s estate must file a lawsuit within this timeframe, or they may lose their right to seek compensation through the court system.

Understanding this deadline is critical, as the consequences of missing it can be severe. Courts are typically strict about enforcing the statute of limitations and may dismiss cases filed after the two-year mark, regardless of the case’s merit.

Understanding wrongful death claims in Florida

A wrongful death claim arises when a person dies due to the negligent, reckless, or intentional actions of another party. These cases can stem from various incidents, including car accidents, medical malpractice, workplace accidents, or defective products.

In Florida, the personal representative of the deceased’s estate is responsible for filing the wrongful death lawsuit. This person is usually named in the deceased’s will or estate plan. If no representative was designated, the court may appoint one. The lawsuit is filed on behalf of the estate and surviving family members.

Eligible survivors who may receive compensation from a wrongful death claim include:

• The deceased’s spouse
• Children of the deceased
• Parents of the deceased
• Any blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support or services

Factors that may affect the statute of limitations

While the two-year rule is generally applicable, certain circumstances can affect when the clock starts ticking or potentially extend the deadline:

1. The discovery rule: In some cases, the cause of death may not be immediately apparent. The discovery rule allows the statute of limitations to begin when the cause of death is discovered or should have reasonably been discovered.
2. Tolling for minors: If the deceased’s children are minors, the statute of limitations may be tolled (paused) until they reach the age of majority.
3. Government entities as defendants: If the wrongful death claim is against a government entity, there may be additional notice requirements and shorter time limits to file a claim.
4. Fraudulent concealment: If the responsible party deliberately concealed their role in the death, the court may extend the statute of limitations.

The importance of timely action

While two years may seem like a long time, building a strong wrongful death case often requires extensive investigation and preparation. Gathering evidence, interviewing witnesses, and consulting with experts are time-consuming processes. Additionally, memories fade and evidence can disappear over time, making it crucial to begin the legal process as soon as possible.

Early action also provides leverage in settlement negotiations. Insurance companies and defendants are often more willing to offer fair settlements when they know the plaintiff is prepared to file a lawsuit within the statutory deadline.

The role of an attorney in wrongful death cases

Navigating a wrongful death claim while grieving can be overwhelming. An experienced wrongful death attorney can provide invaluable assistance by:

• Ensuring all deadlines are met, including the statute of limitations
• Investigating the circumstances of the death and gathering crucial evidence
• Identifying all potential defendants and sources of compensation
• Calculating the full extent of damages, including future losses
• Negotiating with insurance companies and opposing counsel
• Representing the family’s interests in court if a settlement cannot be reached

An Orlando wrongful death attorney can also help families understand potential damages in a wrongful death case, which may include:

• Medical and funeral expenses
• Lost wages and benefits the deceased would have earned
• Loss of companionship and protection
• Mental pain and suffering of surviving family members
• Lost parental companionship, instruction, and guidance for minor children

Exceptions to the two-year statute of limitations

While the general rule is two years, there are some notable exceptions that may extend or alter this timeframe:

1. Medical malpractice: In cases where the wrongful death resulted from medical malpractice, the statute of limitations might be extended. Florida law allows for a two-year period from when the incident was discovered or should have been discovered with due diligence, but no more than four years from the date of the incident.
2. Product liability: If the death was caused by a defective product, the statute of limitations might be extended under certain circumstances, especially if the defect was not immediately apparent.
3. Criminal cases: If the wrongful death was the result of a criminal act, the statute of limitations for the civil case might be extended until after the conclusion of the criminal proceedings.
4. Out-of-state defendants: If the defendant responsible for the wrongful death leaves Florida before the claim can be filed, the time they are absent may not count towards the two-year limit.

Steps to take within the statute of limitations

To ensure you don’t miss the critical two-year deadline, consider taking these steps:

1. Consult with an attorney as soon as possible after the death.
2. Gather all relevant documents, including medical records, police reports, and any correspondence with insurance companies.
3. Identify and contact potential witnesses while their memories are still fresh.
4. Preserve any physical evidence related to the cause of death.
5. Appoint a personal representative for the deceased’s estate if one hasn’t been named.
6. Begin the process of calculating damages, including both economic and non-economic losses.

Taking these steps promptly can significantly strengthen your case and improve your chances of a favorable outcome. Remember, time is of the essence in wrongful death cases, and early action can make a substantial difference.

The impact of missing the deadline

Missing the statute of limitations can have severe consequences. If you attempt to file a wrongful death lawsuit after the two-year period has expired, the court will likely dismiss your case, regardless of its merits. This means you’ll lose your right to seek compensation through the legal system, potentially leaving your family without the financial support needed to cope with the loss.

Wrongful death claims involving minors

When a wrongful death claim involves minor children, either as beneficiaries or if a minor child has died, special considerations come into play. In Florida, the statute of limitations for minors in wrongful death cases is typically tolled until they reach the age of majority (18 years old). However, it’s important to note that this doesn’t necessarily mean the entire case should be delayed. Other adult beneficiaries or the estate may still need to file within the standard two-year period.

The statute of limitations and settlement negotiations

It’s crucial to understand that engaging in settlement negotiations does not pause or extend the statute of limitations. Even if you’re in active discussions with an insurance company or the responsible party, you must still file your lawsuit within the two-year window to preserve your legal rights. This is why it’s often advisable to begin the legal process early, even if you hope to settle out of court.

The wrongful death statute of limitations in Florida is a critical factor in seeking justice for a lost loved one. While the general rule is two years from the date of death, various factors can affect this timeframe. Given the complexities of wrongful death cases and the strict nature of the statute of limitations, it’s advisable for families considering legal action to consult with an experienced Florida wrongful death attorney as soon as possible. Timely action not only preserves legal rights but also provides the best opportunity for a thorough investigation and fair compensation.

Speak with an Orlando Car Accident Lawyer Today

If you have been injured in a car accident due to another driver’s negligence, it is essential that you consult an experienced Orlando car accident attorney. An attorney will make sure that your rights are protected, and they will work to get you the compensation you deserve for your injuries.

You should not have to go through the aftermath of a serious car accident alone. Auto Justice Attorney Michael T. Gibson is on your side and is ready to help you navigate the process of filing a personal injury claim so that you can focus on your recovery. Contact us today at 407-422-4529 or on our website to schedule a free consultation.