How Long Does a Wrongful Death Lawsuit Take in Florida?

If you suffered the loss of a loved one due to the wrongful actions of someone else, you could have legal recourse to seek compensation and justice. You deserve closure after the tragic death of a family member. Unfortunately, a wrongful death lawsuit can take months or years, depending on the circumstances of the case. However, an experienced wrongful death attorney can make the process go more smoothly.

What Factors Could Make a Wrongful Death Lawsuit Take Longer to Settle?

The time it takes to agree on an appropriate wrongful death settlement can depend on the specifics of the case. Some of the factors that can affect the timeline of a wrongful death lawsuit include the following:

• The availability of evidence – Building a solid wrongful death case often requires significant evidence. Gathering and preserving crucial evidence to prove fault can take time, particularly if the volume of evidence is high or the defendants are hesitant to cooperate. An attorney will have the experience and resources to collect this evidence and present it convincingly.
• The financial and personal losses – Surviving loved ones may be eligible for significant monetary compensation in wrongful death claims, depending on their losses. When wrongful death payouts are high, insurance companies may be inclined to deny liability. Determining fair compensation in a wrongful death case also frequently requires a careful calculation of both tangible losses, such as burial expenses, and intangible losses, such as pain and suffering.
• The potentially liable parties – Depending on the circumstances of a wrongful death case, multiple parties could be liable, including individuals, entities, or insurance companies. An attorney can investigate the wrongful death and determine who is responsible and how to seek compensation.

What Is Considered a Wrongful Death?

Florida law defines wrongful death as a death resulting from someone else’s negligence, wrongful act, default, or breach of contract. If the victim would have been able to file a personal injury claim had they lived, their loved ones have the right to file a wrongful death claim.

Who Can File a Wrongful Death Claim in Florida?

Under Florida law, the personal representative of a victim’s estate may file a wrongful death lawsuit. The personal representative is often named in the victim’s will or can be appointed after their death. The personal representative may seek compensation on behalf of the following parties:

• The surviving spouse
• The victim’s children
• The parents of a deceased minor child
• The parents of a deceased adult child if there is no surviving spouse or children
• Any financially dependent family members

The personal representative may also seek compensation for the victim’s estate. An attorney can help you with any questions you may have about who can file a Florida wrongful death claim and who can receive compensation.

How Long Do I Have to File a Wrongful Death Claim in Florida?

Florida law gives claimants two years from the date of a wrongful death to file a civil lawsuit. If you file your wrongful death claim after the deadline, the court could dismiss your case regardless of its strength. If so, you will lose your opportunity to seek compensation in civil court. Hiring a wrongful death lawyer right away is crucial to protecting your legal rights.

Are There Exceptions to This Time Limit?

There are a few exceptions to the statute of limitations on wrongful death claims, depending on the circumstances of the case. For example, if you file a claim against a government agency, the deadline might differ from the standard timeframe. However, you should speak to a wrongful death attorney to ensure you know which statute applies to your case and file all the necessary paperwork before the deadline.

What Compensation Can Be Recovered in a Wrongful Death Lawsuit?

The victim’s personal representative may seek specific types of compensation for beneficiaries in a wrongful death lawsuit. Under Florida law, each survivor may recover money for the loss of support and services due to their family member’s death, including loss of future support and services. While the compensation varies for each beneficiary, it can include:

• The victim’s medical expenses from treating their final injuries
• Funeral or burial expenses
• Mental pain and suffering the family member has suffered from the date of the victim’s injury
• Loss of the victim’s companionship, protection, instruction, and guidance
• Loss of the victim’s earnings and benefits

The amount of compensation you recover won’t make an impact on the grief your loss is causing you. However, it can help you to begin to make up for the financial losses you’re currently experiencing. A Florida wrongful death attorney can handle your case with the compassion and care you deserve to demand the full financial recovery you need.

Contact a Florida Wrongful Death Lawyer

If your loved one passed away due to another person’s wrongful actions, you have a right to seek compensation and accountability. The compassionate, dedicated wrongful death attorneys with Zervos & Calta, PLLC can help you pursue the financial relief and justice you deserve after a family member’s tragic death. When times are tough, your lawyer should be, too. We can fight against negligent parties and the dishonest tactics of insurance companies to demand maximum compensation.

With more than 50 years of combined legal experience, our lawyers have the resources, skills, and knowledge to protect your rights and interests. Contact our office today for a free case review with one of our Florida wrongful death lawyers.

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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.