Florida Wrongful Death Statute of Limitations

Florida’s wrongful death statute of limitations generally gives you two years to file your lawsuit. It’s understandable how the loss of a loved one can leave your family in emotional turmoil and uncertain of its next steps, making meeting the state’s filing deadline challenging. However, it is not a task you must handle without legal guidance. 

Miami wrongful death lawyers understand the filing deadline and the many factors that might alter it. They can help you file your lawsuit on time and meet additional notification or filing deadlines. Hiring a lawyer will not cost anything out of your family’s pocket. With a local lawyer fighting on your behalf, your family can focus on caring for each other. 

The Importance of Complying With the Statute of Limitations in Florida 

Florida Statutes § 95.11(5)(e) defines the wrongful death statute of limitations and its general time limits. Moreover, Florida Statutes § 95.051 defines the exceptions to the statute of limitations, making compliance confusing and complicated. 

Exceptions include:

• The at-fault party left the state
• The at-fault party assumed a false name
• The at-fault party intentionally avoids being served
• The injured party is a minor (under the age of 18)
• The injured party is incapacitated

If any of these factors apply to your claim, your lawyer will help you decipher and interpret the filing deadline and its specific application to your family’s claim. 

What Happens When You Fail to File Your Lawsuit on Time

Meeting the statute of limitations is crucial to recovering damages. Doing so can be even more challenging when a government or municipal agency is the at-fault party. In these cases, Florida Statutes § 768.28 gives you even less time to make appropriate written notification. 

If the allotted time expires, you could face the following costly consequences:

• The court could refuse to allow you to file your lawsuit
• The court could dismiss your lawsuit without ever hearing its merits
• The insurance company could stop settlement negotiations

With sufficient notice, a law firm in your area can help you avoid losing the legal right to recover damages by filing your lawsuit on time and in the appropriate court. 

Additional Benefits of Meeting the Statute of Limitations

Filing your lawsuit on time means more than meeting the filing deadline. It can also mean your case will benefit in these important ways:

• Your lawyer can locate and interview witnesses while their memories are fresh
• Your lawyer can examine and preserve evidence and avoid having it lost or misplaced
• Your lawyer can canvass the accident scene for supporting photos and video footage

It is never too soon to notify a law firm about your family’s loss and your intent to seek compensation. The sooner you do, the more time they have to investigate your loved one’s demise, prove wrongful death, and support your family in its pursuit of favorable compensation. 

Who Can File a Wrongful Death Lawsuit in Florida

Filing a wrongful death action can be a legal challenge if you go it alone. In Florida, the decedent’s personal representative must file a wrongful death action. Wrongful death claims can result from negligence-based accidents, including:

• Car accidents
• Crane accidents
• Defective drugs
• Medical malpractice
• Roofing accidents
• Truck accidents
• Slip and fall accidents

Your lawyer will investigate the cause of your loved one’s demise. If the at-fault party’s actions meet the legal parameters of negligence—duty of care, breach of duty, causation, and damages—you could have the basis of a wrongful death action.

Which Family Members Can Recover Wrongful Death Damages 

While the loss of a loved one affects every family member and friend, Florida Statutes § 768.18 defines who can recover wrongful death compensation:

• The decedent’s parents
• Their spouse
• Their children
• Relatives and adoptive siblings who the decedent supported financially

A wrongful death attorney can help you document your relationship with the decedent, clarify your rights as their survivor, and fight for fair and appropriate compensation. 

Your Family Can Recover These Wrongful Death Damages

Nothing can atone for your family’s loss. However, by identifying the at-fault party and filing your lawsuit on time, your family can recover the following forms of compensation:

• Funeral expenses: Coffin, burial plot, cremation, urn, and all other costs related to making final arrangements
• Loss of financial support: The value of your loved one’s income, loss of benefits, and loss of inheritance
• Loss of domestic support: Compensation for loss of childcare, in-home services, and other forms of household support

You can also recover damages for your loss of consortium, companionship, guidance, care, advice, and society. Your lawyer will carefully document your family’s recoverable damages and compile evidence that supports their monetary value. Their guidance can help you maximize your financial recovery. 

You Could Also Be Entitled to Compensation From a Survival Action in Florida

In addition to a wrongful death claim, your loved one’s estate could file a survival action that requests compensation for the damages your family member could have recovered had they survived to file a personal injury claim. These include:

• Medical bills
• Lost income
• Property damage
• Property loss
• Pain and suffering

Your lawyer will clarify the damages you can recover and their monetary value. In addition, if gross negligence or an intentional or egregious act led to your loved one’s death, you could request punitive damages. Courts rarely award them, but your lawyer will inform you if they are available. 

Get Help Meeting Florida’s Wrongful Death Statute of Limitations

Coping with the unexpected loss of a loved one can leave you unprepared for its legal aftermath. If your family’s loss resulted from another person or entity’s negligence, the wrongful death lawyers at Chalik & Chalik Injury Lawyers can help you pursue financial recovery. 

Learn more about your rights and the importance of meeting Florida’s wrongful death statute of limitations. Contact one of our consultation team members today to get started.