Statute of Limitations for Wrongful Death Claims in Florida

The loss of a loved one is an unimaginable experience, particularly when that loss occurs due to the negligence or wrongful actions of another party. While no legal action can ever truly compensate for the grief and emotional trauma caused by the untimely death of a family member, wrongful death claims offer a way to hold responsible parties accountable and seek compensation for the losses that families endure. In Florida, there are specific legal frameworks in place for wrongful death claims, with one of the most important being the statute of limitations. Understanding how the statute of limitations affects your ability to file a claim is crucial for preserving your legal rights and ensuring that justice is pursued in a timely manner.

Understanding Wrongful Death Claims in Florida

A wrongful death claim arises when a person dies due to the negligence, recklessness, or intentional actions of another individual, company, or entity. In Florida, these claims are governed by the Florida Wrongful Death Act, which allows certain family members to pursue legal action on behalf of the deceased. Typically, the personal representative of the deceased’s estate files the claim, and the compensation awarded is intended to benefit the deceased’s close relatives, such as spouses, children, and parents. Wrongful death claims seek to provide financial compensation for a wide range of damages, including funeral and burial expenses, loss of companionship, emotional suffering, and the loss of financial support that the deceased would have provided to their family members.

However, the ability to pursue these claims is not unlimited. Florida law imposes specific deadlines for filing wrongful death lawsuits, and failing to meet these deadlines can result in the forfeiture of your legal right to seek compensation. This is where the statute of limitations comes into play, dictating the time frame within which legal action must be initiated.

What is a Statute of Limitations?

A statute of limitations is a legal rule that sets a deadline for filing a lawsuit. These time limits vary depending on the type of claim being pursued and the state in which the claim is filed. The primary purpose of a statute of limitations is to ensure that legal disputes are resolved within a reasonable amount of time and to prevent the prolonged threat of lawsuits hanging over individuals and businesses indefinitely. In the context of wrongful death claims, the statute of limitations dictates how long the family or personal representative of the deceased has to bring a lawsuit against the party or parties responsible for the death.

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In Florida, the statute of limitations for wrongful death claims is strictly enforced, and it is essential for families to be aware of the time frame in which they must take legal action. Missing this deadline can result in the court refusing to hear the case, leaving the family without any recourse for seeking justice and compensation.

The Statute of Limitations for Wrongful Death Claims in Florida

In the state of Florida, the statute of limitations for filing a wrongful death claim is typically two years from the date of the deceased’s death. This means that the personal representative of the deceased’s estate must file the lawsuit within two years of the individual’s passing. Once this two-year period expires, the right to pursue a wrongful death claim is generally lost, and the courts are unlikely to consider the case.

It is important to note that the two-year deadline applies to most wrongful death claims in Florida, but there can be exceptions under certain circumstances. For instance, if the wrongful death claim involves medical malpractice, the timeline may be different due to specific rules governing medical negligence claims. Additionally, cases involving government entities may also be subject to different filing deadlines or procedural requirements. Therefore, it is crucial to consult with an experienced wrongful death attorney to determine the exact statute of limitations that applies to your case.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

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Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

Tolling of the Statute of Limitations

While the two-year statute of limitations is the general rule, there are some situations in which the statute of limitations may be tolled or paused, effectively extending the time period for filing a wrongful death claim. Tolling occurs when the law allows the statute of limitations to be temporarily suspended, giving the plaintiff additional time to bring the lawsuit. In Florida, tolling of the statute of limitations can occur under specific conditions, such as when the defendant deliberately conceals their involvement in the wrongful death or engages in fraud to prevent the discovery of the cause of death.

In cases where tolling applies, the clock on the statute of limitations may not begin running until the family or personal representative of the deceased becomes aware of the wrongful death and the responsible party. However, tolling is the exception rather than the rule, and most wrongful death claims must be filed within the standard two-year period.

Why the Statute of Limitations Matters

The statute of limitations is one of the most critical aspects of a wrongful death claim in Florida. Filing a lawsuit within the allowed time frame is not simply a procedural matter—it is a legal requirement that can make or break your case. If the statute of limitations expires before the claim is filed, the defendant has a strong defense to have the case dismissed, leaving the family without the ability to seek any form of compensation.

This strict deadline highlights the importance of acting quickly after the wrongful death of a loved one. Families are often overwhelmed by grief and the emotional aftermath of the loss, and the idea of pursuing legal action may seem daunting during such a difficult time. However, delaying legal action can jeopardize your ability to secure justice for your loved one and financial support for your family.

By promptly consulting with a wrongful death attorney, families can ensure that they meet all necessary legal deadlines and avoid the risk of their claim being dismissed due to the expiration of the statute of limitations.

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Exceptions and Special Circumstances in Florida Wrongful Death Claims

Although the two-year statute of limitations is the general rule, there are certain scenarios in which the time frame for filing a wrongful death claim may differ. For instance, in cases involving medical malpractice, the statute of limitations may be extended or shortened depending on the facts of the case. Florida law imposes additional requirements on medical malpractice claims, including pre-suit notice and other procedural steps that must be followed before filing a lawsuit. These additional steps can affect the overall timeline for pursuing a wrongful death claim in cases involving medical negligence.

Another situation in which the statute of limitations may be different is when the wrongful death involves a government entity. Claims against government agencies or employees are subject to the Florida Sovereign Immunity Act, which imposes specific requirements and deadlines for filing a claim. In some cases, the statute of limitations for filing a wrongful death claim against a government entity may be shorter than the standard two-year period, making it even more crucial to seek legal counsel as soon as possible.

Additionally, if the wrongful death claim involves a minor child or incapacitated adult as the plaintiff, there may be other legal considerations that affect the statute of limitations. These cases often involve complex legal issues, and it is essential to work with an attorney who is familiar with Florida’s wrongful death laws to navigate the intricacies of these special circumstances.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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The Importance of Timely Legal Action

The death of a loved one is always a deeply painful experience, and the thought of pursuing a legal claim can feel overwhelming. However, the statute of limitations makes it imperative for families to act quickly when seeking justice for the wrongful death of a family member. Waiting too long to file a claim can result in the loss of your legal right to pursue compensation, leaving you without any recourse for holding the responsible party accountable.

In the wake of such a devastating loss, families may not immediately know where to turn or what steps to take. Consulting with an attorney who understands Florida’s wrongful death laws and the statute of limitations can provide clarity and peace of mind during an otherwise difficult time. By taking timely legal action, families can ensure that their loved one’s memory is honored and that justice is served.

If you have lost a loved one due to the wrongful actions of another party, it is essential to understand your legal rights and the time frame within which you must file a claim. At Serrano Law, we are dedicated to helping families navigate the complexities of wrongful death claims in Florida. Our experienced legal team can guide you through the process and ensure that your claim is filed within the appropriate statute of limitations. Contact Serrano Law today to discuss your case and learn how we can assist you in seeking justice for your loved one.