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

November 13, 2024

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Posted in: Wrongful Death

Understanding the wrongful death Florida statute of limitations is crucial for families who’ve suffered the unthinkable loss of a loved one due to another’s negligence. A wrongful death claim not only seeks accountability but also provides a means of financial recovery for the bereaved.

However, in the aftermath of a tragedy, the last thing a grieving family wants to do is worry about filing a claim. And if you miss the deadline, you may no longer be able to recover any of your losses. That’s why the assistance of a compassionate attorney can be of great help in times of sorrow.

At Colling Gilbert Wright, we stand by our clients, guiding them in their quest for justice. If you’re grappling with loss and seeking recompense, our Orlando wrongful death lawyers are here to support you. Let us worry about the wrongful death Florida statute of limitations while you focus on your family.

Call (407) 712-7300 today to schedule a FREE consultation. We are proud to represent our neighbors in Orlando and throughout Florida. We are committed to doing the right thing for our clients—and we do it exceptionally well.

Is There a Wrongful Death Florida Statute of Limitations?

A statute of limitations is a law that sets the maximum period from the occurrence of an incident within which legal proceedings may be initiated. Florida law does impose a statute of limitations on wrongful death claims. This sets the deadline for families to take legal action.

The importance of understanding the ins and outs of the wrongful death Florida statute of limitations is obvious: If you miss the deadline, you will most likely lose your right to compensation for your loss.

Here, we will go over the details and exceptions of the statute of limitations as well as information on beneficiaries, damages, and the process. The more you know, the better you will be able to assist your attorney in holding those responsible accountable for your loved one’s passing.

What Is Considered a Wrongful Death in Florida?

In Florida, a wrongful death occurs when a person’s passing is caused by the “wrongful act, negligence, default, or breach of contract or warranty” of another party (Florida Statutes § 768.19). Essentially, if the circumstances of their death would have allowed the deceased to file a personal injury claim had they survived, their family or estate now has the legal right to seek compensation on their behalf.

Wrongful death claims can arise from a variety of situations, including:

How Long Do You Have To File a Wrongful Death Suit in Florida?

After a tragic loss, understanding the legal timelines is imperative. When it comes to the wrongful death Florida statute of limitations, the timeline is particularly stringent. Family members are only allowed 2 years from the date of their loved one’s death to file a lawsuit (§ 95.11(4)(e)).

Unfortunately, due to this relatively short amount of time, families need to seek legal guidance promptly after a death caused by negligence. Failure to adhere to this deadline can bar the opportunity to pursue compensation altogether.

Given the complexities of wrongful death claims and the meticulous investigation required, it can take many months to put a strong case together. Engaging a wrongful death lawyer early can be pivotal in navigating this time-sensitive process effectively.

Filing an Insurance Claim Does Not Satisfy the Wrongful Death Florida Statute of Limitations

Starting an insurance claim after a fatal incident is a typical first step toward seeking compensation. Yet, it’s essential to remember that this action alone does not meet the requirements of the Florida wrongful death statute of limitations.

Engaging with insurance providers, while necessary, does not extend the 2-year deadline to file a legal claim. Without filing a lawsuit within this period, families risk losing their entitlement to pursue justice and financial redress for their loss.

It Takes Time to Build a Wrongful Death Claim

Constructing a solid wrongful death claim is a meticulous and time-intensive process. It involves a deep dive into the incident, gathering and analyzing phone records, employment records, surveillance camera footage, and other forms of evidence from various sources. This process can easily take several months.

Given the complexity of piecing together the events leading to a wrongful death, initiating the investigative process well before the 2-year statute of limitations in Florida is critical. Starting the process early is vital for thoroughly developing a robust claim.

It Takes Time to Prepare a Wrongful Death Lawsuit

Preparing a wrongful death lawsuit is also time-consuming. The attorney representing your family must identify the liable parties and develop effective strategies for securing a favorable outcome.

While a skilled lawyer can manage much of the workload, the involvement of you and your family is invaluable. Your insights and testimonies will bolster the case with personal accounts and evidence to support a compelling argument for justice.

Waiting Can Make It More Difficult to Secure a Favorable Result

Delaying action in pursuing a wrongful death lawsuit can significantly hinder your ability to secure a favorable outcome. Over time, vital evidence can be lost or become less reliable, and witnesses’ memories may fade, making it challenging to construct a compelling case.

Additionally, legal deadlines and procedural requirements necessitate timely action. Engaging an experienced wrongful death attorney early can help ensure your case is strong, well-documented, and filed within the statutory timeframe.

Are There Any Exceptions to the Limitations on Wrongful Death?

Certain circumstances may alter the standard wrongful death Florida statute of limitations timeline. The start of this allotted time—or any suspension of it—can be affected by different factors. § 95.051 stipulates the exceptions to the general statute of limitations, allowing some flexibility under specific circumstances:

Absence from the State: If the defendant is absent from Florida, the statute may be paused until they return.
Concealment or False Identity: The time limit may be paused if the defendant uses a false name or actively conceals themselves to avoid being served.
Minor Dependents: The statute provides some leeway for claims filed on behalf of minors, allowing for extended filing deadlines under certain conditions.
Fraud: If there’s evidence that the defendant deliberately concealed information that prevented the filing of the claim, an extension may be granted.
Discovery Rule: Additionally, if the cause of death was not immediately apparent and only discovered later, the countdown may start at the discovery date.

Due to these exceptions, consulting with a knowledgeable attorney will help to navigate these legal nuances effectively.

Who Is Entitled to Wrongful Death Benefits in Florida?

Certain family members are entitled to seek compensation when a wrongful death occurs in Florida. The law identifies both who can file a lawsuit on behalf of the deceased and who may receive benefits should the claim be successful.

Not all family members will be entitled to file or receive damages. Therefore, understanding the different roles and eligibility criteria will help when preparing to file a claim.

Who Can File a Wrongful Death Lawsuit?

In Florida, the statutes are clear about who can initiate a wrongful death lawsuit. According to § 768.20, the legal action must be filed by the decedent’s personal representative. This individual acts on behalf of the decedent’s estate and all surviving family members who have an interest in the claim.

If the deceased had a will, it likely names a personal representative. If no will exists or the will does not name a personal representative, the court may appoint one through probate. This process can sometimes lead to disagreements over who is best suited to serve in this capacity, further extending the process of filing a claim.

Wrongful Death Florida—Who Can Sue?

Under § 768.18(1), the beneficiaries of wrongful death claims typically include the deceased’s spouse, children, and, in some cases, parents. Additionally, any blood relative or adoptive sibling who was partly or wholly dependent on the decedent for support may also qualify.

Understanding who is eligible for benefits is crucial in ensuring that all entitled parties receive the support and compensation they deserve during this difficult time.

What Damages May Be Available for Wrongful Death in Florida?

When a wrongful death claim is filed, the compensation sought is meant to address the devastating impact on the surviving family members. Florida law lays out the specific damages that may be recoverable. The hope is that they can provide financial relief and acknowledge the emotional toll on the loved ones left behind.

Florida Wrongful Death Statute Damages

The damages recoverable in a Florida wrongful death case may include (§ 768.21):

Medical expenses
Funeral & burial expenses
Loss of future income
Loss of benefits
Loss of companionship & protection
Pain & suffering

Is There a Cap on Wrongful Death in Florida?

Florida law does not impose a general cap on the damages that can be awarded in wrongful death cases. However, specific limitations may apply to certain types of damages or in cases against certain defendants.

How Does a Wrongful Death Settlement Work?

Wrongful death settlements are about providing a modicum of relief for the grieving family when their loved one dies due to the negligence of another. The process typically follows these steps:

Investigation & Evidence Gathering: Evidence is collected to demonstrate the wrongful nature of death and quantify the losses suffered by the decedent’s loved ones.
Negotiation: Your wrongful death lawyer will negotiate with the liable party’s insurance company and/or attorneys to try and reach a fair settlement amount.
Settlement Agreement: If both sides can agree on compensation, they will draft and sign a settlement agreement specifying the payment amount.
Distribution of Funds: Once finalized, the funds are distributed to the beneficiaries according to law.
Court Approval (If Required): In some cases, the court may need to approve the settlement, especially if minor children are beneficiaries.

If a fair settlement cannot be reached, the case may need to proceed to trial. Throughout this journey, a wrongful death lawyer will advocate on behalf of your family’s rights and fight for the compensation you all deserve for your losses and heartache.

How Long Does a Wrongful Death Lawsuit Take in Florida?

The duration of a wrongful death lawsuit can vary widely depending on several factors, including:

Complexity of the case
Availability of evidence
Success of negotiations

On average, wrongful death claims can take several months to over a year. However, it is important to know that the time it takes will depend on the circumstances of your case.

If a case settles, it will often be resolved more quickly. Though litigation can lengthen the timeline, it might be the best option if parties aren’t able to agree on a just amount. Working with an experienced and compassionate attorney will help you move through the process efficiently.

How Can an Orlando Wrongful Death Attorney Help You?

Navigating the aftermath of a loved one’s wrongful death demands more than just legal knowledge—it requires a compassionate partner who understands your grief and fights for your rights with integrity and commitment. A practiced wrongful death lawyer can provide legal support during this terrible time by guiding you through the process and representing your family’s interests with honor.

At Colling Gilbert Wright, our team offers the support and legal strategies needed to secure the justice and compensation your family deserves. Here’s how our attorneys lend assistance:

Conducting a thorough investigation
Handling legal documentation
Determining liability
Negotiating with insurance companies
Representing you in court, if necessary

Let us carry the legal burden so you can focus on healing. We are dedicated to serving our clients with compassion and strive to hold those responsible for your loss accountable for their actions.

Contact Colling Gilbert Wright Today!

If you’re facing the devastating impact of a death in your family, don’t navigate this challenging time alone. The experienced Orlando wrongful death lawyers at Colling Gilbert Wright are here to provide dedicated support and representation.

You don’t need to worry about the wrongful death Florida statute of limitations—let us handle that. Contact us today for a FREE consultation, and let us help you take the first step towards justice and healing for your family.