What Is the Statute of Limitations for Wrongful Death in Florida?

For most cases in Florida, the statute of limitations requires filing a wrongful death claim within two years from the date of death.

Did you lose a loved one due to a preventable accident or wrongful act? You might be wondering about your right to justice and accountability from the responsible party. Don’t wait for the answers you deserve. The Florida wrongful death statute of limitations only gives you a limited time to demand compensation for your tragic loss. An experienced wrongful death attorney from Zervos & Calta, PLLC can discuss your legal rights and options in a private consultation.

You need time to work through the grieving process. Our lawyers can give you that space while working on your case and meeting every deadline. Call or contact us today for your free consultation.

Are There Exceptions to the Statute of Limitations in Florida Wrongful Death Cases?

Most wrongful death lawsuits in Florida must be filed within two years of the deceased’s death.  There are a handful of exceptions, including cases involving:

• Medical malpractice – You may not learn that your relative’s death was due to malpractice right away. For this reason, Florida extends the statute of limitations. You must file a lawsuit within two years of the date you discover the deceased’s fatal injury or illness caused by a medical professional or within two years of when the malpractice should have been found using due diligence. You have up to two years to file a wrongful death lawsuit.
• Government entities – You must provide notice of your intent to file a claim against a government agency within two years of the incident. This notice should be provided to the agency and the Department of Financial Services in writing. The government body has 180 days to investigate the case before you can file a lawsuit unless they refuse your claim. These requirements apply to claims against state, local, and government entities.
• Death of the at-fault party – If the party you are suing in a wrongful death case dies before the legal process is complete, you have 90 days to file a motion naming the personal representative of their estate as the new defendant. Otherwise, the case will be dismissed.
• Out-of-state defendant – The deadline on the statute of limitations can be extended in cases where the responsible party does not live in Florida. That’s because it will take more time to initiate proceedings and bring the defendant to the state.
• Missing defendants or ones using a fake name – The deadline on the statute of limitations can be tolled in these cases so the defendant cannot hide to avoid liability for wrongful death.

What Happens if the Statute of Limitations Expires?

Filing a wrongful death claim on time is essential. If the statute of limitations expires on your case, it will be dismissed, and you will lose your right to compensation. Speak to a lawyer right away to avoid potential problems with the statute of limitations for wrongful death in Florida.

Who May Bring a Florida Wrongful Death Claim?

The Florida Wrongful Death Act states that only the personal representative of the deceased’s estate can file a wrongful death lawsuit. A personal representative is sometimes called the executor of the estate.

The personal representative is usually named in the deceased’s will or another estate planning document. There are few restrictions on who can be designated as a personal representative. If the deceased did not name a personal representative or did not have a will, the local probate court will need to appoint someone as the personal representative.

Common Types of Florida Wrongful Death Claims

Florida law defines wrongful death as any death caused by someone else’s wrongful act, negligence, breach of contract, or default. This definition covers a wide range of behaviors. Our law firm handles wrongful death cases involving:

• Car accidents – Drivers can be held liable for fatal car accidents if you prove the motorist was at fault. For example, the driver may have been impaired by alcohol or distracted by their cell phone.
• Truck accidents – Truck drivers and trucking companies can be held financially responsible for fatal crashes if you can establish the driver, the trucking company, or another party was at fault. For instance, truck drivers may ignore regulations on how long they drive without stopping for a break, or a trucking company may hire someone with a known history of unsafe driving.
• Motorcycle accidents – Many motorcyclists die in accidents caused by drivers who fail to check their blind spots, follow too closely, or are careless in another way.
• Bicycle accidents – Bicyclists who are involved in accidents often suffer severe injuries due to careless drivers. If these injuries prove fatal, there may be grounds for a wrongful death claim.
• Pedestrian accidents – Similarly to cyclists, pedestrians who are involved in accidents frequently suffer catastrophic injuries. If a pedestrian dies after being hit by a driver, the deceased’s estate may have cause for a wrongful death lawsuit.
• Premises liability accidents – Property owners and businesses can be held liable for fatal injuries if someone slips, trips, or falls due to a hazardous condition on their property. The plaintiff must prove someone knew about the hazard that caused the accident and failed to address it.
• Medical malpractice – Doctors, hospitals, and other healthcare providers may be held liable for fatal medical errors. These cases can be challenging to prove without help from an experienced wrongful death attorney.

Contact Our Florida Wrongful Death Attorneys Today

If you have questions about the statute of limitations for Florida wrongful death claims, we can provide the answers you need. Contact Zervos & Calta, PLLC, today for a free consultation with one of our skilled wrongful death lawyers.

About the Author

Lauren Calta
Attorney Lauren Calta is a partner in the Tampa Bay law firm Zervos & Calta, PLLC. For 25 years, Lauren Calta has focused her legal practice on representing people who have been harmed in personal injury, car accidents or lost loved ones due to the negligence of others. A distinguished personal injury trial attorney, she has secured millions of dollars for her clients and is a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum in recognition of having obtained a settlement or verdict in excess of $2 million. She also is an official member of Lawyers of Distinction, Tampa Bay Trial Lawyers, Clearwater Bar Association and Florida Justice Association.