In the state of Florida, there is deadline, for filing a wrongful death lawsuit. Florida law defines a set time period, known as the statute of limitations, in which a surviving spouse, family member, or other dependent can file a civil claim. It is important for anyone who loses a loved one to negligence or a defective product to understand how certain legal time constraints may apply to them.
Following an unexpected, untimely accidental death of a spouse, parent, or child, filing a wrongful death lawsuit may become a necessary means of holding a negligent party responsible and replacing the lost income and support taken away by an accident caused by another party’s negligence. All Florida residents should be aware of the state’s statutes of limitation in case they’re faced with a wrongful death scenario.
Filing a Wrongful Death Lawsuit on Time in Florida
In cases of very severe injury, an accident victim may die hours or days later. Even if the victim receives emergency medical treatment or surgery, a death may still result. If the accident that caused the deceased person’s injuries happened due to someone else’s negligence, the accident victims’ surviving family members may be entitled to sue for damages for final expenses, lost future income, and emotional anguish in a wrongful death lawsuit.
Florida’s statute of limitations for wrongful death is two years from the date of death. The same time limit of two years also applies to cases of death caused by medical malpractice. An injury victim’s surviving family members only have two years to file a civil suit. Shown below is an excerpt taken from the Florida legislature website under which wrongful death claims typically apply:
95.11 Limitations other than for the recovery of real property.—
Actions other than for recovery of real property shall be commenced as follows:
(4) WITHIN TWO YEARS.—
(b) An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered.
(d) An action for wrongful death.
Wrongful Death Facts and Figures
- 90 percent of all claims citing medical malpractice have involved either wrongful death or a permanent disability caused by negligence.
- Auto accidents are responsible for the most wrongful death lawsuits in Florida and in all other states across the US.
- Florida’s non-economic limit does not restrict punitive damages, which can be ordered by the court to punish an at-fault party and to discourage repeat negligent behavior from recurring.
- From 2010 through 2012 over 4,200 traffic fatalities were recorded. 50 to 60 percent of those cases likely involved a wrongful death scenario, though claims are not always filed.
- The State of Florida limits non-economic (pain & suffering, loss of consortium) damages to $1 million against medical practitioners in wrongful death situations and $1.5 million against non-practitioners.
An experienced wrongful death attorney can help evaluate and determine any necessary next steps for your civil suit, whatever the circumstances. Even if significant time has passed since an accident that claimed a loved one’s life, you may still have legal recourse within the statute of limitations period. If you or someone you love has died from injuries suffered in an accident, you are strongly urged to share your case with an established Florida wrongful death lawyer to explore your legal options and rights to recover damages.
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