In Florida, the wrongful death statute of limitations is two years from the date of the person’s death. A statute of limitations is the amount of time each state gives for the filing of a civil lawsuit. If you plan to file a wrongful death lawsuit, you have to adhere to this time limit to hold the at-fault party accountable.
The statutory clock on wrongful death cases starts running on the date the decedent passed away even if the accident occurred on a different day. These timeframes can feel overwhelming when you’re dealing with the death of a loved one. A wrongful death lawyer from our firm can handle your lawsuit for you.
There May Be Exceptions to the Two-Year Statute of Limitations
The wrongful death statute of limitations is found in Florida Statutes § 95.11(4)(d). While the statute of limitations is generally two years, that can sometimes change, depending on the details of your case. A wrongful death lawyer in your area will take all the circumstances of your case into consideration and ensure the filing deadline is correctly interpreted.
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Your Lawsuit Is Unlikely To End Up in Court
When a lawyer handles your family’s case, they will file your lawsuit within the allotted timeframe. In most cases, your lawsuit will be settled out of court rather than at a trial. Filing your lawsuit is still important in case:
- Settlement negotiations are lengthy or delayed
- An acceptable settlement offer is never made
- The insurance company is acting in bad faith
Your lawyer will work hard to reach a settlement. If your case goes to trial, we will defend you with evidence and support your claims.
A Wrongful Death Attorney Can Help You Comply With Florida Law
The unexpected loss of a loved one is difficult to deal with. It is even more stressful and upsetting when your family’s loss could have been prevented. A wrongful death attorney will represent your family with kindness and compassion.
On your behalf, they will:
- Investigate the cause of your loved one’s demise
- Identify the at-fault party and their insurance company
- Handle all written, verbal, and electronic communication
- Obtain, complete, and submit the required paperwork
- Address all of your questions and concerns
- Gather evidence to hold the at-fault party responsible
Your lawyer will also provide you with ongoing updates on the progress of your case. In addition, they will negotiate on your behalf and represent you in court, if needed.
Start Building Your Case Sooner Rather Than Later
The sooner you get a law firm in Florida involved in your case, the better. In addition to meeting the state’s filing deadline, your lawyer can:
- Interview witnesses while memories are fresh
- Visit the scene of the decedent’s accident
- Investigate the area for security and surveillance video
You should be able to concentrate on helping your family cope with the emotional aftermath of a loss. Your lawyer will focus on building and preparing your case.
Compensation You Can Recover by Filing Your Lawsuit on Time
If the accident that caused your loved one’s death was the result of someone else’s negligence, your family can likely recover damages. When your lawsuit is filed in accordance with the statute of limitations, you can recover damages like:
- Medical bills your loved one may have had before they passed away
- Funeral and burial expenses
- Loss of your loved one’s income
- Loss of your loved one’s domestic contributions
- Compensation for your mental and emotional trauma
- Loss of consortium, guidance, and companionship
Your lawyer will also negotiate a settlement on your behalf. They will handle the back-and-forth settlement offers and explain the feasibility of each offer you receive.
Florida Allows Specific Parties To Seek Wrongful Death Compensation
In the state of Florida, only the decedent’s personal representative can file a wrongful death action, per Florida Statutes § 768.20. The representative will generally act on behalf of the decedent’s surviving family members.
It could be to your family’s benefit to work with a wrongful death lawyer. They can explain your right to pursue wrongful death damages and review your case.
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Get a Free Review of Your Wrongful Death Case
If your family lost a loved one in a negligence-based accident in Florida, you could seek compensation via a lawsuit within the wrongful death statute of limitations. Andrew Pickett Law, PLLC can help you build a strong case and file it on time.
We have experience handling wrongful death lawsuits. Our team is prepared to help your family while you grieve. Don’t hesitate to seek legal help. Call our team today for a free case review.