How long do I have to file a wrongful death lawsuit in Florida?

January 28, 2022

If you and your family are mourning the recent loss of a loved one in Florida, taking legal action is probably the furthest thing from your mind. If, however, the careless, intentional, or criminal act of a person or company caused your loved one’s death, Florida law allows you to file a wrongful death claim and seek compensation for your losses, as long as you do so within a specified period of time. 

Proving Wrongful Death

If you can show that the negligent actions of a person or other entity led to the death of your loved one, the spouse, children, parents, and/or other dependents of the deceased may be entitled to financial compensation for funeral expenses, medical bills, lost support and services, lost companionship, and other damages. Specifically, you must prove that:

  • The defendant (at-fault party) owed a duty to the deceased.
  • By acting or not acting, the defendant violated that duty.
  • That violation led to the death of your loved one.
  • As a result of that death, the surviving family members and dependents of the deceased suffered financial and other losses. 

Florida Statute of Limitations for Wrongful Death Claims

The statute of limitations specifies how much time you have to file a claim for damages. In Florida, you generally have two years from the date of your loved one’s death to file a wrongful death claim. Under certain circumstances, though, the statute might pause or “toll” for varying lengths of time. If you miss the deadline, you could lose your opportunity to seek any compensation. An experienced attorney can make sure you file within the allowed time frame. 

The Importance of Consulting a Wrongful Death Attorney

An experienced wrongful death lawyer can not only be sure that you observe the statute of limitations but also help you succeed with your claim by determining negligence, collecting evidence, negotiating for you, and making sure you avoid common mistakes that could hurt your case.

Has Your Loved One Died Due To The Negligence Of Others?

If your loved one died due to someone else’s negligence you need to speak to an experienced wrongful death attorney as soon as possible. Please contact us online or call our Coral Springs office directly at 954.755.7803 to schedule your free consultation. We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton Miami-Dade County, Broward County, Palm Beach County and all points in between.


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