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

on  Personal Injury

If you’ve lost a loved one in Florida, the time you have to file a lawsuit recently got shorter. Under Florida Statute 95.11 (4)(d), the statute of limitations for wrongful death is now just two years from the date of death. 

In Florida, if someone wants to sue another person for causing them harm, they must do so within a certain time period. This time period is known as the “statute of limitations,” and it varies depending on the type of harm that was caused. If you miss the deadline for filing your lawsuit, you won’t be able to recover any money for your losses in the future.

For example, if a grieving family member wants to sue the person responsible for their loved one’s death, they must file the lawsuit within two years. If they miss the deadline, they won’t be able to receive compensation for their pain and suffering and economic losses. While there are some exceptions, the deadline is generally strict and courts typically won’t accept late filings to proceed. 

The Miami-Dade County wrongful death attorneys at Prosper Shaked Accident Injury Attorneys, PA., can help you and your family seek justice after losing a loved one. We have considerable experience helping grieving families throughout Florida obtain the compensation they need to move forward.  While no amount of compensation could ever undo the harm you’ve suffered, we believe that you and your family should not endure unnecessary financial burdens at the same time. 

Understanding Florida’s Wrongful Death Act

The sudden loss of a loved one can turn your life upside down. If that loss was caused by someone else’s negligence, you may not know what to do or where to turn for help. In Florida, the Florida Wrongful Death Act gives surviving family members a legal way to seek compensation for their loved one’s death, while holding the responsible party accountable for their actions. 

Under the Florida Wrongful Death Act, specific family members can file a wrongful death claim. These family members include the decedent’s spouse, children, parents, and any blood relatives or adoptive siblings who were dependent on the decedent for support or services. 

Surviving family members can seek compensation for medical expenses, funeral expenses, lost income and benefits, loss of companionship and support, and emotional pain and suffering. Additionally, in certain cases, punitive damages may be awarded.

Medical Malpractice and Wrongful Death Statute of Limitations in Florida

There are some exceptions to the wrongful death statute of limitations in Florida. If the wrongful death claim is based on medical malpractice, then the plaintiff must satisfy the different medical malpractice statute of limitation provided in Florida Statutes section 95.11(4)(b). This statute states that any claim for medical malpractice must be started within two years from the time the incident is discovered, or should have been discovered.

Furthermore, the medical malpractice statute of limitations also includes an outer limit, which says that grieving family members cannot file a lawsuit later than four years from the date of the incident or occurrence out of which the cause of action accrued. This means that even if you didn’t discover the medical malpractice until after the two-year limit had expired, you and your family may still have up to four years from the date of the malpractice to file a claim.

It is important to note that there are some exceptions to the four-year outer limit for instances involving fraud or concealment by the medical provider. For example, in cases where a foreign object has been left inside the patient’s body, the four-year limit may not apply.

A Wrongful Death Lawyer Can Help You Avoid Missing Deadlines

If you are a grieving family member, it is important to know that you have legal options available to you. However, it is crucial that you act quickly to ensure that you do not miss the statute of limitations for filing a wrongful death claim.

A Florida wrongful death lawyer can help you navigate the legal system during this difficult time, ensuring that you do not miss any important deadlines or requirements. They can help you gather and preserve evidence, determine the appropriate damages to seek, and negotiate with insurance companies and other parties on your behalf. Most importantly, your attorney can provide you with emotional support and guidance throughout the process. 

Grieving the loss of a loved one is already overwhelming, and adding the stress of a legal case can be too much to handle on your own. Having an experienced Florida wrongful death attorney on your side can provide you with the peace of mind you need to focus on your family and the healing process.

Contact Our Florida Wrongful Death Lawyers

If you lost a loved one because of someone else’s negligence, we are here to support you and your family. Let us help you through this difficult time. For a free and confidential consultation, call (305) 694-2676 or schedule a consultation using our online contact form. At Prosper Shaked Accident Injury Attorneys PA, we will do our best to use every resource available to help you get back on your feet and obtain the compensation you deserve.