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

When a loved one suffers a wrongful death at the hands of another party or individual, you have a right to file a claim on their behalf.

These claims allow you to collect for things such as medical bills, lost wages, loss of parental guidance, along with pain and suffering. To receive this compensation, however, the case must be opened within a specified period.

The Manatee County trial attorneys at Flynn Law are experienced in successfully trying wrongful death claims throughout the Bradenton, Sarasota, St. Petersburg, and Tampa area. They have a thorough understanding of the requirements involved and can assist you in best handling your case.

In every Florida lawsuit, there is a limited timeframe within which the claim must be filed – this is called the statute of limitations.

This period will differ based on the type of lawsuit, but if you fall outside of the notated requirements, the court system no longer has jurisdiction to punish violators and provide compensation.

Under Florida Statute 95.11 (4)(d), the statute of limitations for wrongful death is two years from the date of death.

Filing a claim outside that noted period will inhibit the deceased’s family from being able to recover compensation. While there can be exceptions to this rule, this is typically a strict guideline enforced through the court system.

While unusual, some extenuating circumstances can provide wiggle room in wrongful death cases.

One of these exceptions is medical malpractice suits that ended in death.

Florida Statute 95.11 (4)(b) says this:

“An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued…”

Medical malpractice wrongful death suits do still fall under the obligatory two-year period; however, there is far greater room for exceptions. The more substantial requirement for these types of cases is that they conclude within four years of the incident’s occurrence.

Within wrongful death cases, there is an exceedingly large list of exceptions, exclusions, and limits. These lawsuits are, by this very nature, complex to file and resolve.

They’re also nearly impossible to handle without the help of an experienced attorney.

Our team at Flynn Law is well-versed in the requirements that surround wrongful death lawsuits. We believe in protecting the rights of individual’s affected in these types of circumstances and believe they deserve the best chance possible to recover their losses.

If you’ve suffered the unfortunate death of a loved one in a wrongful death situation, please give us a call at 941-800-1140. We would love to set up a FREE CONSULTATION to learn more about you and your case.