Wrongful Death Florida Statute of Limitations

Wrongful Death Attorneys Offer Free Case Review

Photo of a now rather than later signAfter you lose someone you love, there is no way you can think straight. Often, your whole world feels like it is crumbling all around you. Bottom line, you and your family are in no condition to handle dealing with the many serious issues that come up in the wake of an incident involving wrongful death, including:

  • Medical bills and funeral expenses
  • Loss of income if the deceased was a family’s breadwinner
  • Living without someone you had planned to spend the rest of your life with

Experienced wrongful death attorneys can take the burden off a family’s shoulders, allowing them time to grieve with the peace of mind that those responsible for their pain and suffering will not escape justice. Having never been in the situation before, many people do not realize that there is no time to lose following the wrongful death of a loved one. In Florida, there is statute of limitations to file a wrongful death lawsuit, and once that deadline passes, it is nearly impossible to hold the negligent individual or entity at fault accountable.

While we offer information on this page about wrongful death statute of limitation, the only way to know what the exact deadline is in your situation is for an attorney to review the unique facts of your potential case.

How Long Do I Have to File a Wrongful Death Lawsuit in Florida?

If another person or entity’s negligence leads to a person’s death, the victim’s family may be able to hold those responsible accountable through a wrongful death lawsuit. However, there are often time limits, known as statutes of limitation, in place that prevent a victim’s family from pursuing a wrongful death claim beyond a certain time frame. In Florida, the statute of limitation for filing a wrongful death lawsuit is two years from the date that the victim died. Therefore, if a wrongful death victim died on January 1, 2016, then his family would have to file a wrongful death lawsuit by January 1, 2018.

Are There Exceptions to Florida’s Wrongful Death Statute of Limitations?

In many cases, it is impossible to hold a negligent individual or entity accountable through a wrongful death claim after the statute of limitation has expired. However, there are exceptions that can drastically change the Florida wrongful death statute of limitations, such as:

  • If a wrongful death claim is filed against a government entity, then the statute of limitation is four years instead of two. However, there are exceptions that can change the deadline to these cases as well and you may have a shorter time period to give the government entity notice of the intent to file a lawsuit.
  • In the case of a medical malpractice wrongful death claim, the statute of limitations is two years from the date the mistake was discovered or should have been discovered. In addition, this date can be no more than four years after the date the malpractice actually took place.
  • If the wrongful death occurred in another state, but the claim is filed in Florida, the statute of limitations of the other state apply to the case.
  • The statute may be tolled for minor children in certain cases.

In some situations, exceptions can extend the time that a family has to file a wrongful death lawsuit, but under other circumstances, statute of limitation exceptions can actually lessen the time a victim’s family has to pursue a wrongful death claim. This makes it that much more important to talk to wrongful death attorneys if you even suspect a loved one’s death was due to the negligence of another person or entity. You may have much less time to take action than you think.

I Need a Wrongful Death Lawyer in Orlando

The wrongful death attorneys at Wooten Kimbrough, P.A. understand the importance of acting quickly if you even suspect a loved one’s death was the result of the negligence of another individual or entity. Our law firm has been successfully protecting the rights of personal injury victims in Orlando and throughout Florida since 1966. We work as a legal team, meaning that when we take on your case, you do not just have one wrongful death lawyer representing you but our entire roster of attorneys and staff. As our verdicts and settlements show, with such a wealth of knowledge and experience at our disposal, there are few, if any, aspects of wrongful death litigation that we have not encountered and are not prepared to handle.

We offer free, confidential, no-obligation initial consultations in which an experienced wrongful death attorney will explain your rights and best options and answer any questions you have. Even if you are not sure you have a wrongful death case, talk to us. You have nothing to lose and everything to gain. Make the call.