Wrongful death claims are difficult. There is no amount of compensation that can amend the loss of a loved one.
Yet worrying about finances is the last thing a grieving family needs during such a difficult time, and we’ve time and time again we’ve seen that compensation can make a huge difference.
If your loved one’s death was caused by the negligence of another, you and your family have the right to file a wrongful death lawsuit; however, the state of Florida’s statute of limitations could inhibit your claim to compensation.
Here’s why:
The Statute of Limitations
Each state has the responsibility of passing laws to govern statute of limitations on personal injury cases. States often have a separate statute of limitations that governs wrongful death cases.
In Florida, a family has two years after the date of death to file a wrongful death lawsuit. This is a strict time limit, and attempting to file outside of it can be fruitless. As a result, it’s important to consider the possibility of a lawsuit as soon as possible. If you feel your loved one’s death was caused by the negligence of another, do not hesitate to contact an attorney to see if you have a case for wrongful death.
Exceptions
As strict as Florida’s wrongful death statute of limitations are, there are certain situations that can be considered exceptions to the rule.
The first of these exceptions is medical malpractice. While the statute of limitations is still two years, it does not necessarily begin at the date of death, but rather when the cause of death was discovered.
For example, if your loved one passed away after surgery, and you did not learn that the death was caused by negligence until a year later, the statute of limitations begins on the date that you discovered the malpractice. However, no action may be taken after four years under the statute of repose.
Another exception is a wrongful death claim against a government entity. In this case, the statute of limitations is four years. However, there are numerous hoops to jump through in order to have the longer deadline approved.
Wrongful death cases are always difficult, and adhering to strict deadlines can make them even harder. If your family has suffered a wrongful death, the experienced attorneys at Lorenzo & Lorenzo can help you through the legal process. Contact us today for a free consultation.
