The death of a loved one sends your mind reeling in a million different directions at once. The idea of receiving monetary compensation for your loss is likely far from the forefront of your priorities; however, in the state of Florida, you may have a pressing time limit if you do decide to seek financial compensation for the loss of a loved one.
Here are some things you should know if you experience a wrongful death case.
Statute of Limitations
In the state of Florida, the statute of limitations for a wrongful death is two years. This means that if a loved one passes away due to negligence, close family members have exactly two years from the date of death to file a claim for compensation. This statute of limitations holds true whether the cause of death was car accident or any other type of accident.
Florida Statutes of Limitation
| Type of Case | Time Limit to File Suit | Florida Statute |
|---|---|---|
| Personal injury | 4 years | Fla. Stat. Ann. § 95.11(3)(a) (2016) |
| Wrongful death | 2 years | Fla. Stat. Ann. § 95.11(4)(d) (2016) |
| Motor vehicle accident | 4 years | Fla. Stat. Ann. § 95.11(3)(a) (2016) |
| Product liability | 2, or 4 years | Fla. Stat. Ann. § 95.11 (3)(a), (3)(e), (3)(k), (4)(d) (2016) |
| Assault and battery | 4 years | Fla. Stat. Ann. § 95.11(3)(o) (2016) |
| Workers’ compensation | 2 years | Fla. Stat. Ann. § 440.19(1) (2010) |
| Legal malpractice | 2 years | Fla. Stat. Ann. § 95.11(4)(a) (2016) |
| Medical malpractice | 2 years | Fla. Stat. Ann. § 95.11(4)(b) (2016) |
| Claims against the government | 180-day investigatory period; 3 years (wrongful death, 2 years) | Fla. Stat. Ann. § 768.28(6)(a) (2016) |
| Contract founded on written instrument | 5 years | Fla. Stat. Ann. § 95.11(2)(b) (2016) |
| Contract not founded on written instrument | 4 years | Fla. Stat. Ann. § 95.11(3)(k) (2016) |
| False imprisonment | 4 years | Fla. Stat. Ann. § 95.11(3)(o) (2016) |
| Fraud | 4 years | Fla. Stat. Ann. § 95.11(3)(j) (2016) |
| Libel | 2 years | Fla. Stat. Ann. § 95.11(4)(g) (2016) |
| Property damage | 4 years | Fla. Stat. Ann. § 95.11(3)(h) (2016) |
| Slander | 2 years | Fla. Stat. Ann. § 95.11(4)(g) (2016) |
| Trespass | 4 years | Fla. Stat. Ann. § 95.11(3)(g) (2016) |
For the most part, this two year time limit is set in stone; however, there are a few situations that can warrant an exception.
Exceptions to the Rule
Sometimes, in the case of medical malpractice fatalities, the two year time limit doesn’t start at the date of death, but rather when the cause of death is discovered. For example, a family cannot file a wrongful death case if they have no idea that a wrongful death has taken place.
Homicides can also be an exception. Investigations in these situations can take a long time. For some families, the statute of limitations may not begin until the individual responsible is identified or apprehended.
Finally, if a government entity is responsible for the wrongful death, the statute of limitations is extended to four years to account for an extended process.
Don’t delay your case
If your family has suffered a wrongful death, it can be a great advantage to have an attorney on hand from the very beginning of the process. If you have questions about your legal rights, contact our Tampa office and ask me about your options.