Wrongful Death Statutes of Limitations in Florida

Jan 17, 2017 @ 11:00 AM — by Steve Charpentier

A statue of Lady JusticeThe death of a loved one is always a tragic event, whatever the circumstances. However, such a death is particularly tragic when it occurs due to the negligence of someone else. If you have lost a member of your family to an accident caused by someone else’s negligent or deliberately wrongful actions, you may feel overwhelmed by grief, confusion, anger, and sadness, not to mention unexpected financial losses and expenses. The last thing you may want to think about right now is contacting a lawyer about the possibility of filing a wrongful death lawsuit against the party responsible for your suffering, but it is probably in your best interests to do so.

Unfortunately, time is not on your side when it comes to filing a personal injury lawsuit of any type. All personal injury lawsuits, including wrongful death lawsuits, are governed by time limits called statutes of limitations. Your wrongful death lawsuit must be filed within this statute of limitations or you will permanently forfeit the right to seek monetary damages for the losses and expenses you have suffered due to the death of your loved one through a court of law. There are no exceptions to the statute of limitations for filing a wrongful death claims.

If you would like to understand your legal rights and options, as well as general information about wrongful death statutes of limitations, the Melbourne, FL attorneys of the Charpentier Law Firm would be pleased to help you. Simply contact our personal injury law firm today.

What Is the Wrongful Death Statute of Limitations in Florida?

In the state of Florida, a wrongful death lawsuit must be filed within two years of a person’s death. The death can result from any type of accident, including a car, truck, motorcycle, or other motor vehicle accident; a construction site or other workplace accident; a surgical error, pharmaceutical error, hospital error, failure to diagnose, misdiagnosis, or other form of medical malpractice; a slip-and-fall accident, trip-and-fall accident, or other type of premises liability accident; or the use of a dangerous drug or other form of product liability.

The clock on the wrongful death statute of limitations starts ticking at the point at which the accident victim actually passes away. Therefore, if a victim of medical malpractice was in a coma for three months before dying, that three-month period would not count as part of the time limit. The family would have two years from the date of the actual death, and not two years from the act of medical malpractice that caused the death, to file the wrongful death claim. (If, on the other hand, the victim survived the coma, and the family wished to file a medical malpractice claim, the clock on the statute of limitations would start ticking from the date of the act of medical malpractice. This is why it is important to seek legal advice immediately after an injury-causing accident.)

Arrange for an Evaluation of Your Wrongful Death Claim

To arrange for an evaluation of your wrongful death claim, please contact Charpentier Law Firm today.

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