
In Florida, families seeking justice through a wrongful death lawsuit must act within a specific legal timeframe known as the statute of limitations. Missing this deadline can mean losing the right to pursue compensation altogether, no matter how strong the case.
The Florida wrongful death statute of limitations is generally two years. Let’s break down what the statute of limitations means in a wrongful death case under Florida law, how long you have to file a claim, and why it’s critical to act quickly with a Florida wrongful death lawyer.
Understanding the Statute of Limitations in Florida for Wrongful Death
When a loved one’s death is caused by another party’s negligence, recklessness, or intentional actions, surviving family members may have the right to file a wrongful death lawsuit.
However, Florida law imposes a strict deadline (known as the statute of limitations) for initiating such legal action. Failing to file within this timeframe can permanently bar the claim, regardless of its merits.
Understanding how this legal limit works is essential for protecting your right to seek justice and compensation. Here are the key facts about Florida’s wrongful death statute of limitations:
- Standard deadline: In Florida, the statute of limitations for wrongful death claims is two years from the date of death.
- Strict enforcement: Courts generally enforce this deadline strictly; late filings are typically dismissed.
- Minors and estates: If the decedent’s estate includes minor children or the personal representative is not immediately appointed, it’s still important to act quickly to avoid losing the right to file.
- Legal guidance is crucial: Because every case has unique facts, consulting with an experienced wrongful death attorney as early as possible can help ensure your rights are preserved.
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Why Does the Statute of Limitations Matter in Florida Wrongful Death Cases?
The Florida wrongful death statute of limitations is legally binding. If you don’t submit your case by the statute of limitations, and your case is not an exception to the statute, then you’ll be unable to file your case. This means that you’ll be unable to seek compensation for the loss of your loved one.
If you want to seek justice through the civil system, you must abide by the statute of limitations.
Rare Exceptions to the Statute of Limitations
In some civil cases, there are exceptions to the statute of limitations. For example, someone who suffers injuries due to medical malpractice may generally have two years to file a personal injury lawsuit.
If the victim did not discover their injuries until a certain date, though, the clock on the statute of limitations may not start ticking immediately.
When it comes to wrongful deaths, exceptions may be rare. Anyone who would bring a wrongful death case may be keenly aware that their loved one has passed—word of the passing generally gets around quickly.
In Most Cases, You Have Two Years
For the aforementioned reason, the statute of limitations in your case may be rigid.
You may safely assume that you have two years from the date of your loved one‘s death to file your case. There can be rare exceptions, though, so contact our firm even if it has been more than two years since your loved one passed away.
A Wrongful Death Lawyer Can Start the Civil Legal Process for You
Our team regularly handles wrongful death cases in Florida. We know how to start the legal process efficiently. A Boca Raton wrongful death lawyer from our firm will draft and file your case as soon as you hire us.
If you’ve contacted GED Lawyers with reasonable time to spare, we’ll make sure to file your case before the statute of limitations expires. Call us and get your free consultation today.
How an Attorney Will Lead Your Wrongful Death Case in Florida
A lawyer from our firm will take your wrongful death case off your hands. This is crucial because we often find that victims of wrongful deaths don’t want to re-engage with the details of their loved one’s death. With our firm on your side, you won’t have to.
At GED Lawyers, our team may help you by:
- Detailing why your loved one‘s death was wrongful: Not all deaths are wrongful, but your loved one’s may be. Our firm will pinpoint the exact reasons why your loved one’s death qualifies as a wrongful death.
- Gathering evidence to support your claim: Our team will seek any evidence that improves your case, from video footage to witness accounts and medical reports.
- Identifying and calculating your losses: Our team will identify each of your recoverable losses and assign them a monetary cost. We know how to put the tragic loss of a loved one into clear, specific terms.
- Hiring experts at no cost to you: Experts can be pivotal to a case’s success. Our firm will hire experts for your case at no cost to you.
- Seeking a settlement to cover the wrongful death: We negotiate with liable parties in wrongful death cases. If those parties negotiate in good faith, then we may secure the compensation you and your loved ones deserve.
- Taking your case to trial, if it is the right option for you: Though civil cases don’t always go to trial, our firm approaches each case as an open book. If your wrongful death case leads us to court, then we’ll take it there.
The loss of a loved one is a life-changing event, and you may still be in a fragile state. We will handle your case with sensitivity and compassion. With our firm, you’ll feel like a family member is handling your case.
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Recoverable Damages in a Florida Wrongful Death Case
Many victims of a wrongful death simply know that they’ve lost someone whom they loved. Generally, most people don’t consider all of the ways in which their loved one brought value to their lives. Our team will examine each of your recoverable losses, which may include:
- Your pain and suffering, including grief
- The cost of treatment for your grief and other types of pain and suffering
- The decedent’s pain and suffering
- Loss of consortium
- Loss of the decedent’s household value
- Funeral costs
- Lost financial support
Each case we handle presents a completely new set of circumstances—the victims are different, as are their recoverable damages. We’ll carefully examine your case, identifying every loss that you have experienced.
We look forward to hearing from you and helping you with your legal needs. CALL FOR A FREE EVALUATION
GED Lawyers Is Here to Answer Your Florida Wrongful Death Lawsuit Questions
A Florida wrongful death lawyer from GED Lawyers will make your case their mission. Our firm will seek the financial recovery you’re entitled to and fight for justice on behalf of your loved one, and we’ll make sure we do it within the Florida wrongful death statute of limitations.
GED Lawyers is offering free legal consultations for anyone who has lost a loved one due to someone else’s negligence. Give us a call today; as you’re now aware, you have a limited amount of time to file a claim. To learn more, visit our FAQ page.