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In Florida, surviving loved ones can file a wrongful death claim seeking compensation. However, all claims come with a statute of limitations, which determines the timeframe for filing your claim. This article provides an overview of the statute of limitations in Florida for wrongful death cases and emphasizes the importance of filing within the designated time frame.
What is Florida’s Statute of Limitations in Wrongful Death Cases?
In Florida, the statute of limitations for wrongful death cases is governed by Section 95.11(4)(d) of the Florida Statutes. According to this law, a wrongful death claim must generally be filed within two years from the date of the individual’s death.
It is worth mentioning that this time limit is subject to certain exceptions and nuances, so consulting with any of the case-specific attorneys below can ensure accurate interpretation and adherence:
- Fatal Florida auto accident lawyer
- Fatal Florida workplace injury lawyer
- Florida Medical malpractice lawyer
- Fatal Florida motorcycle wreck lawyer
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When Does the Statute of Limitations Clock Start Ticking in a Wrongful Death Case?
The starting point of the statute of limitations in a wrongful death case depends on the nature of the claim and the applicable laws. In Florida, the clock typically starts ticking from the date of the individual’s death. This is known as an event-based statute of limitations.
However, in certain situations, the discovery-based statute of limitations may come into play. This means that the clock starts ticking when the cause of death or the party responsible for the death is discovered rather than from the actual date of death. Our attorneys can evaluate your claim to see if it applies to your case and help you understand the specific starting point.
For instance, if a defective product causes a delayed and gradual deterioration of health, resulting in death, the statute of limitations may commence from the date the defect was discovered or should have been discovered through reasonable diligence.
What Happens If the Statute of Limitations Expires Before I am Able to File?
When the statute of limitations expires in a wrongful death case, it typically results in the loss of the right to seek compensation through legal means. Once the deadline has passed, the opposing party can raise the defense of time-barred claims, potentially leading to the dismissal of the case.
The expiration of the statute of limitations can significantly impact the ability to pursue a wrongful death claim and obtain the compensation deserved. It is crucial to be aware of the time limit and take prompt action to initiate the legal process within the prescribed period.
Click To ContactCan the Statute of Limitations Be Waived or Extended in Florida Wrongful Death Cases?
In certain circumstances, the statute of limitations in Florida wrongful death cases can be waived or extended. However, such waivers or extensions are rare and require compelling justifications.
Waiving the statute of limitations may occur when the opposing party acknowledges their liability and agrees to waive the time limit for filing a claim. Extensions, on the other hand, are granted in exceptional cases, like medical malpractice, where the circumstances warrant additional time to initiate legal proceedings.
It is important to note that obtaining a waiver or extension is not guaranteed, so it is strongly advised to consult with an experienced attorney who can assess the merits of the case and guide you accordingly.
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Why is it Important to File a Wrongful Death Claim within the Statute of Limitations?
Filing a wrongful death claim within the statute of limitations is of utmost importance for several reasons. First, it ensures compliance with the law and preserves the right to seek compensation for the damages suffered. Failing to file within the specified period can result in the loss of this right, leaving the surviving family members without legal recourse.
Additionally, adhering to the time limit is vital for the preservation of evidence and witnesses. As time passes, crucial evidence may deteriorate or become inaccessible, and witnesses’ memories may fade. By initiating the legal process promptly, there is a higher likelihood of gathering and preserving essential evidence to support the claim.
Lastly, filing within the statute of limitations also protects against potential defenses raised by the opposing party. If the claim is filed after the expiration of the time limit, the opposing party can argue that the case is time-barred, potentially leading to the dismissal of the claim.
What Should I Do If the Statute of Limitations Has Expired?
If the statute of limitations has already expired, an attorney can evaluate whether any exceptions or tolling provisions apply in your case. For example, if the responsible party concealed their actions or if the cause of death was not immediately apparent, there may be grounds for an extension of the time limit.
How Can an Attorney Help with the Statute of Limitations in Wrongful Death Cases?
An attorney experienced in wrongful death cases can play a crucial role in navigating the statute of limitations. At Viles & Beckman, we provide valuable guidance and assistance throughout the legal process, ensuring compliance with the applicable time limit and maximizing the chances of a successful claim.
Contact our Florida wrongful death attorneys today to learn about the state’s specific statutes of limitations and nuances. During our initial consultation, we can discuss timelines and address any other concerns that you may have.
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