Florida Wrongful Death Statute of Limitations: What You Need to Know
Losing a loved one due to someone else’s negligence is devastating, and navigating the legal system during such a time can feel overwhelming. At Fenimore Injury Law, we understand the emotional and financial toll this takes on families in Florida. One critical aspect of pursuing justice is understanding the Florida wrongful death statute of limitations. This time limit determines how long you have to file a claim, and missing it could mean losing your right to seek compensation forever.
The primary goal of a wrongful death claim in Florida is to provide financial relief to surviving family members for losses like medical bills, funeral expenses, lost income, and emotional suffering. These claims arise from various incidents, including car accidents, medical malpractice, slip and falls, or defective products. Knowing the deadline is essential because Florida law is strict about time limits. Our firm has handled numerous cases where timely action made all the difference in securing settlements for grieving families.
Understanding the General Statute of Limitations for Wrongful Death in Florida
The current statute of limitations for most wrongful death claims in Florida is two years from the date of the deceased’s death. This means you generally have 24 months to file a lawsuit in court. The clock starts ticking on the day the death occurs, not when the injury happened or when negligence is discovered.
For example, if your loved one passed away on January 1, 2024, due to a negligent driver’s actions, you would need to file by January 1, 2026. Delaying could result in the court dismissing your case, no matter how strong the evidence. With the work we do at Fenimore Injury Law, we advise clients to consult an attorney as soon as possible to avoid any pitfalls. Our team can help evaluate your situation and ensure all deadlines are met.
Exceptions and Special Circumstances
While the two-year rule applies to most cases, there are exceptions under the Florida wrongful death statute of limitations that could extend or shorten the time frame. For instance, if the wrongful death involves medical malpractice, the statute might align with malpractice rules, which also generally allow two years but include a discovery rule in some scenarios. If fraud or intentional concealment is involved, the limit could extend up to four years from discovery, but no more than seven years total from the incident.
Claims involving minors can also differ. If the deceased leaves behind minor children as survivors, the statute may be tolled until the child reaches adulthood in certain situations. Additionally, if the defendant leaves the state or hides to avoid service, the clock might pause. These nuances highlight why professional legal guidance is crucial.
When filing a wrongful death claim against a government entity like a city or state agency, Florida law waives sovereign immunity with strict conditions. Per Florida Statute 768.28, you must submit a written claim to the relevant agency and the Department of Financial Services within two years of the death, or your claim may be barred. Damages are capped at $200,000 per person or $300,000 per incident, unless the legislature approves higher amounts.
Common Causes of Wrongful Death Claims and Why Time Matters
Wrongful death claims often stem from preventable accidents. Car crashes are a leading cause, where distracted driving, speeding, or DUI leads to fatal outcomes. For instance, in cases involving car accidents, consulting a car accident lawyer can be crucial to investigate the scene, gather witness statements, and preserve evidence before it disappears.
Medical errors, such as misdiagnosis or surgical mistakes, are another frequent trigger. Premises liability issues, like unsafe property conditions causing falls, or defective products can also result in tragedy. In all these scenarios, the two-year limit pressures families to move forward amid grief. Evidence like autopsy reports, police records, and expert testimonies must be collected promptly, as memories fade and documents can be lost.
At Fenimore Injury Law, we have seen how delays can weaken cases. Insurance companies often exploit time limits under the Florida wrongful death statute of limitations to deny claims, so early involvement of an experienced attorney maximizes your chances of a fair outcome. We handle the legal burdens so you can focus on healing.
The Importance of Hiring a Skilled Wrongful Death Attorney
Navigating a wrongful death claim involves more than just meeting deadlines. You need to prove negligence, calculate damages, and negotiate with insurers who aim to minimize payouts. Florida law allows recovery for economic losses like lost wages and non-economic damages like pain and suffering, but quantifying these requires expertise.
Our firm specializes in personal injury and wrongful death, so we are constantly staying up to date on the latest Florida wrongful death statute of limitations timelines. With a track record of recovering millions for clients, we offer compassionate yet aggressive representation tailored to your needs. Do not let your window of time expire to file a claim; contact us today for a free consultation to protect your rights.
Frequently Asked Questions
How long does a wrongful death lawsuit take in Florida?
The duration of a wrongful death lawsuit in Florida varies based on case complexity, evidence availability, and whether it settles or goes to trial. Many cases resolve through settlement in a few months to a year, but if litigation is needed, it can take 18 months to three years or longer. Factors like court schedules and negotiations with insurers influence the timeline, so consulting an attorney early helps expedite the process.
What is the Florida Wrongful Death Act?
The Florida Wrongful Death Act, found in Florida Statutes sections 768.16 through 768.26, allows surviving family members to file a civil lawsuit for damages when a loved one’s death results from negligence, wrongful act, or breach of contract. It outlines who can file (typically the estate’s personal representative), recoverable damages, and how claims are pursued. This act consolidates all survival and wrongful death actions into one for efficiency.
What is the average wrongful death settlement in Florida?
The average wrongful death settlement in Florida ranges from $500,000 to over $1 million, depending on factors like the deceased’s age, earning potential, medical expenses, and the degree of negligence. Each case is unique, so an attorney can provide a more accurate estimate based on specifics.
How do I prove wrongful death in Florida?
To prove wrongful death in Florida, you must show that the defendant owed a duty of care to the deceased, breached that duty through negligence or wrongful action, and that breach directly caused the death, resulting in damages to survivors. Evidence includes medical records, witness testimonies, accident reports, and expert opinions. Only the estate’s personal representative can file, and gathering strong proof requires thorough investigation by a qualified lawyer.
About the Lawyer
Michael E. Fenimore is a dedicated personal injury attorney at Fenimore Injury Law, with over a decade of experience representing accident victims in Northwest Florida. After graduating with honors from the University of Florida and earning his J.D. from Saint Louis University School of Law, he transitioned from defending insurance companies to advocating for individuals in wrongful death and other serious injury cases. Recognized as a Top American Lawyer, he has recovered millions for clients and is committed to justice through aggressive representation. Learn more about his background and achievements on his about page.