Florida Wrongful Death Cases Statute of Limitations
Vero Beach, FL
If someone you love dies because of something that someone else did, or failed to do, you might be able to file a wrongful death lawsuit against them. This special type of personal injury lawsuit is filed by the personal representative of the estate. Through a wrongful death action, the estate and surviving family members can recover financial compensation for their losses.
In Florida, there is a 2-year statute of limitations for wrongful death cases. In most cases, this means that you have 2 years to file a claim. If you don’t file a lawsuit within that time, then a court will likely dismiss your case. Our Vero Beach wrongful death attorneys will protect your rights after the tragic loss of a loved one, filing a lawsuit on time to help you get maximum compensation.
Based in Vero Beach, Gould Cooksey Fennell represents clients throughout Florida’s Treasure Coast. We handle a range of personal injury matters, including car accidents, medical malpractice, and wrongful death claims. Reach out to our law offices to schedule a free initial consultation with a Florida personal injury lawyer.
How Long Do You Have to File a Wrongful Death Lawsuit in Florida?
In the legal system, every potential type of case (both criminal and civil) comes with a timeliness rule. Known as the statute of limitations, these rules set a limit on when a lawsuit can be filed. For example, a prosecutor must file certain criminal charges within a certain number of years. If they don’t, then they can’t prosecute the person accused of the crime.
Civil cases, including personal injury claims, also have a statute of limitations. For wrongful death cases, there is a 2-year statute of limitations. Generally, this means that the personal representative for an estate must file a wrongful death lawsuit within 2 years of the death of the decedent.Â
The statute of limitations may seem unfair, particularly when you are grieving and cannot even consider taking legal action. However, the point of the statute of limitations is actually to promote fairness. Think of it this way: if there weren’t a time limit on personal injury lawsuits, then people could be forced to try to defend a case that may have happened so long ago that they don’t have much memory of it.
The statute of limitations is also a good thing for injury victims (plaintiffs) as well. Over time, witnesses may forget what happened, move away, or pass away. Other types of evidence, such as photos and videos, may be lost or destroyed. It can be incredibly difficult to prove your case after a long period of time has passed.
Consider the following situation. A family member died after being struck by a car. There were many witnesses to the accident, plus a few nearby businesses caught the incident on video. Filing a wrongful death lawsuit sooner means that you can get the witnesses on the record, preserve the video evidence, and more. If you waited for more than 2 years, there is a good chance that much or all of this evidence simply wouldn’t be available.Â
Whether fair or unfair, the statute of limitations is the law in Florida. This means that the representative for the estate must initiate legal action within 2 years of the date of death. If they fail to do so, then the at-fault party (defendant) will seek to have the lawsuit dismissed, and they will probably be successful.Â
Are There Any Exceptions to the Wrongful Death Statute of Limitations?
There are some limited exceptions to the 2-year statute of limitations for wrongful death claims in Florida. Specifically, if the death was a result of murder or manslaughter, then a wrongful death lawsuit can be filed at any time. This is true even if the at-fault party was never arrested, charged, or convicted of the crime. If someone caused your loved one’s death through their intentional conduct, then the statute of limitations does not apply to your wrongful death case.
In medical malpractice cases, the statute of limitations might be extended a bit longer. That is because the statute of limitations for medical malpractice lawsuits begins to run when the incident occurs or the issue is discovered. This is important because it sometimes isn’t obvious that a person died as a result of medical malpractice.Â
For example, consider a situation where a person died from what were assumed to be natural causes. 6 months later, it was later discovered that a doctor had given him the wrong medicine and that was the cause of death. The statute of limitations would begin to run on the date of that discovery instead of the date of death.
Of course, the best course of action in any wrongful death case is to consult with an experienced attorney about your options. It isn’t always easy to understand which laws will apply to your case and how they will be applied. A Florida wrongful death lawyer will analyze your case and help you determine how to proceed.
How a Vero Beach Wrongful Death Lawyer Can Help
When a family loses a loved one unexpectedly, it can be hard to process the grief. It can be even more difficult to come to grips with the reality that their death was preventable. In this situation, you can count on our law firm to advise you and protect your rights.
In Florida, a wrongful death lawsuit can be filed whenever a person’s death was caused by the negligent, intentional, or reckless actions of another person. This can happen in any number of ways, from a car crash to a slip and fall to a dangerous product to medical malpractice. Sadly, it is sometimes a result of intentional conduct, like an assault.
The personal representative of the estate (sometimes referred to as the executor) will file the lawsuit on behalf of the estate and any surviving family members. During a free initial consultation, our Vero Beach personal injury lawyers will help you determine your options for pursuing a claim. We will also give you a ballpark estimate of the value of your case, which may include money for:
- Lost wages and benefits
- The value of earnings and benefits that the decedent could have been expected to earn
- Medical expenses
- Funeral and burial costs
- Loss of support and services
- Loss of companionship and protection
- Mental pain and suffering
Â
Wrongful death cases can be incredibly complicated. This is particularly true if they involve any allegations of medical malpractice. Our law firm will take on the big insurance companies for you, fighting to get you the money that you deserve for your losses. We will also help you get some measure of justice.
Reach Out to Our Law Firm for a Free Consultation
When you are grieving, the last thing that you may want to think about is filing a lawsuit. While money cannot make you whole again, it can help to provide you with a sense of financial stability after losing a loved one. Our team of experienced wrongful death attorneys will protect your rights and advocate for your family’s best interests.
Based in Vero Beach, Gould Cooksey Fennell represents families and individuals who have lost loved ones in tragic accidents. We offer skilled, compassionate legal representation, working hard to make sure that the responsible parties are held accountable. To learn more or to schedule a free consultation with a Florida wrongful death lawyer, give us a call at 772-758-8756 or fill out our online contact form.
FREE PERSONAL INJURY CONSULTATION
- No Fee Until We Win
- $150M+ in Recent Personal Injury Verdicts & Settlements
- U.S. News & World Report Best Law Firms for 10 Consecutive Years
Our firm is here to take that burden off of our clients and handle their claim completely. We will help you get the compensation you deserve.