The loss of a loved one is a devastating experience, especially when caused by another party's negligence or wrongful act. During this emotional time, legal considerations may not be your first priority. However, if you are thinking about filing a wrongful death lawsuit in Florida, it is essential to understand the deadlines and factors that influence your case. Acting within the proper timeframe is critical to ensuring you have the opportunity to seek justice and compensation.
The Statute of Limitations for Wrongful Death in Florida
In Florida, the statute of limitations is a specific time frame within which you must file a wrongful death lawsuit. According to Florida Statutes §95.11(4)(d), families typically have two years from the date of the decedent's death to initiate legal proceedings. Failing to file a claim within this period generally bars you from seeking compensation, no matter how valid your case may be.
There are exceptions, however. In some situations, the statute of limitations may be extended. These include cases involving:
- Discovery of Fraud: If fraud delayed your knowledge of the cause of death, you may have more time to file.
- Tolling for Minors: If a minor is among the survivors seeking compensation, the statute of limitations may be adjusted in their favor.
- Medical Malpractice Claims: Wrongful death lawsuits stemming from medical malpractice may involve specific rules under Florida's medical malpractice laws.
It's important to consult with an experienced wrongful death attorney to understand whether any exceptions apply to your case.
Why Prompt Action Matters
Although two years might seem like ample time, waiting too long can jeopardize your case. The sooner you speak to a lawyer, the better your chances of building a strong case. Here are some key reasons why acting promptly is advantageous:
- Preservation of Evidence: Over time, evidence may be lost or deteriorate. Witnesses' memories can fade, and physical evidence may no longer be available. Acting quickly allows your lawyer to gather and preserve critical evidence to support your case.
- Access to Witnesses: Identifying and interviewing witnesses is a time-sensitive process. Witnesses may relocate or become unavailable if too much time passes.
- Emotional Well-being: Prolonging legal action can add stress to an already difficult time. Starting the process early will allow you to focus on healing while your lawyer handles the legal complexities.
The Role of a Wrongful Death Lawyer
A wrongful death attorney plays an important role in guiding you through the legal process. From investigating the circumstances of the death to negotiating possible settlements, a lawyer ensures that your case is handled professionally and efficiently. They will:
- Evaluate whether your case meets the criteria for a wrongful death lawsuit.
- Determine who can file the claim. Under Florida law, only the personal representative of the deceased's estate can bring the lawsuit on behalf of surviving family members.
- Calculate the potential damages, which may include medical bills, funeral costs, loss of financial support, and emotional pain and suffering.
Common Misconceptions About Waiting Too Long
Many families delay seeking legal help for various reasons, including emotional distress or uncertainty about the legal process. Unfortunately, misconceptions about wrongful death claims can lead to missed opportunities for justice. Some common myths include:
- "We have plenty of time to file." While two years may seem sufficient, building a strong case takes a good deal of time. Early legal intervention is vital.
- "It's too expensive to hire a lawyer." Majority of wrongful death lawyers work on a contingency fee basis, which means you don't pay unless they win your case.
- "The insurance company will handle everything." Insurance companies often prioritize minimizing payouts. Having legal representation makes sure your interests are protected.
Exceptions to the Statute of Limitations
While the two-year deadline applies in most cases, certain circumstances can extend this timeframe. These include:
Government Entities: If the defendant is a government entity, you may face additional procedural requirements, such as filing a notice of claim. The timeline for this step is shorter—often within six months.
Discovery of Negligence: In rare cases, the negligence or wrongdoing causing the death may not be discovered immediately. The statute of limitations may be paused until the discovery date.
Steps to Take After a Wrongful Death
If you suspect that a loved one's death was wrongful, consider taking the following steps as soon as possible:
- Document Key Information: Gather medical records, accident reports, and any correspondence with insurance companies.
- Identify Witnesses: Write down the contact information of anyone who might have witnessed the events leading to the death.
- Consult an Attorney: An experienced lawyer can assess your case, guide you through the legal process, and represent your interests.
Conclusion
While the emotional toll of losing a loved one can be overwhelming, taking timely legal action is essential for seeking justice. Florida enforces a strict statute of limitations for wrongful death cases, and delaying action could mean forfeiting your ability to seek compensation.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Florida Wrongful Death Claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.