What Is the Statute of Limitations for Wrongful Death in the State of Florida?

wrongful death attorney meeting with a client

In the criminal justice system, wrongful death refers to a death caused by the negligent or intentional actions of another person or entity. If you’ve lost a loved one due to the actions of others and aren’t sure if you have a qualified case, it would be a good idea to discuss the situation with a wrongful death attorney who can provide guidance.

There are certain laws and regulations specific to the state of Florida for filing suits pertaining to wrongful death. Understanding not only what the statute of limitations is and is used for, but what wrongful death means and what claims are based on, is essential for those seeking justice for those who are deceased.

What is Wrongful Death?

Wrongful death occurs when the actions or negligence of one party cause the wrongful and untimely death of another person. This can often result in a wrongful death lawsuit, where surviving family members or dependents seek damages for their loss.

In the state of Florida, the statute of limitations for wrongful death cases is generally two years from the date of death. However, there can be exceptions to this rule depending on the unique circumstances surrounding the case.

What is the Basis for a Wrongful Death Case?

Wrongful death cases are based on the idea that had the deceased person been able to bring a personal injury lawsuit, they would have had a chance at receiving compensation for their loss of life.

Florida’s “Right to Action” legislature under Statutes section 768.19 states that “when the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person,” the estate of the deceased person can file a civil lawsuit in court.

In these cases, damages can be sought after for medical expenses, funeral and burial expenses, lost income and benefits, and loss of companions. In order to have a chance at receiving this, you must retain a wrongful death lawyer.

When processing a wrongful death claim, it’s important to gather all necessary evidence, including medical records and police reports. It’s also crucial to understand the wrongful death statute of limitations in your state, as missing the deadline can result in being unable to file a wrongful death lawsuit in the first place.

Not everyone can file this claim, the list of people who are able to includes the following:

  • The deceased person’s spouse
  • The deceased person’s children
  • The deceased person’s parents
  • Any blood relatives or adoptive siblings who were financially dependent on the deceased 

Understanding wrongful death laws on your own can be difficult, and wrongful death cases can often be complex. That is why having a wrongful death attorney on your side to navigate through the complexities is invaluable.

How Can Erjavec Law Help?

At Erjavec Law, our wrongful death attorneys have the experience and expertise necessary to guide you through the wrongful death legal process. We’re dedicated to seeking the justice you and your deceased loved one deserve.

Don’t let the statute of limitations pass you by. If you’re in the state of Florida and have suffered the loss of a family member due to the negligent acts of someone else, contact us and talk to an experienced wrongful death lawyer today.