How long do you have to file a wrongful death action in Florida? In general, the statute of limitations for wrongful death cases in Florida is two years from the date of death. There are some very notable exceptions to this rule, for example, in a medical malpractice case. The statute of limitations is two years from the date that you knew or should have known that malpractice existed.
Now, there are some exceptions to that rule. For example, if you didn’t know that Malpractice existed within four years, then the statute of limitations for wrongful death, which is two years from the date of death, would be the appropriate statute of limitations. Another extremely notable exception to the statute of limitations for wrongful death is if the death is caused by murder, manslaughter, or an intentional tort. In other words, if the death was caused intentionally, then there is no statute of limitations.
You can bring that case forward for the rest of the life of the survivors. So, for example, let’s say somebody got away with murder or manslaughter, and they weren’t convicted in criminal court. And then they go on to win the lottery or build a very successful career.
Well, at any time, that person can be hit with a wrongful death lawsuit as long as there is a survivor alive to bring the suit forward. But ultimately, it’s two years from the date of death.
Other Exceptions and Nuances to the Wrongful Death SOL in Florida
There are a few other important exceptions worth knowing about. First, if the person responsible for the death is a government entity (such as a city, county, state agency, or public school), you will be dealing with the two-year statute of limitations as well as a Notice of Claim requirement. Before you can sue a government entity in Florida, you must file a formal written notice with that entity, and you typically have to do this within three years of the death. But here is the critical part: if you miss the notice deadline, you may lose your right to sue entirely, even if the two-year statute of limitations has not yet run. This is one of the most unforgiving traps in wrongful death law, and it is exactly why you cannot afford to wait.
Second, if the victim was a minor (a child under the age of 18), different rules can come into play depending on the circumstances. The interplay between parental rights, survivor claims, and the personal representative’s authority to bring the action can be complicated, and getting it wrong can jeopardize the family’s entire claim.
Third, if the death was caused by a defective product, additional time limits called statutes of repose can cut off your right to sue even before the statute of limitations runs. In Florida, for example, there are strict deadlines tied to when a product was first manufactured or sold, not just when your loved one died. If you are dealing with a product liability wrongful death case, those deadlines can be even shorter and harder to identify without legal help.
The exceptions to Florida’s wrongful death statute of limitations are not simple. If you think you might have a case, do not make any assumptions. Speak to an attorney instead.
Why Act Quickly When Filing a Wrongful Death Action?
One thing I want to mention, though, is you do not want to wait two years or even one year from the date of death to bring the wrongful death lawsuit because it takes time to build the evidence. In fact, the evidence on any wrongful death lawsuit or any personal injury lawsuit at all, starts to fade as soon as the injury occurs.
As soon as the injury-causing act has happened, the evidence starts to fade. And the longer you go without investigating and gathering the evidence to support the lawsuit, the less evidence you’re going to have to be able to prosecute the claim.
Beyond the fading of evidence, there are other important reasons not to delay, including:
The Disappearance of Witnesses
People routinely move to different cities or states, and they change phone numbers. Even if you can track down a witness months or years later, many simply forget what they saw. The sooner we get to the witnesses in your case, the more accurate and detailed their accounts will be. A witness who is interviewed two weeks after an accident remembers far more than one who is interviewed two years later.
The Routine Destruction of Critical Evidence
Businesses typically overwrite security camera footage within days or weeks. That footage could be the evidence that wins or loses the case, and there is no way to get it back once it is gone.
The Defendant’s Insurance Company is Already Working Against You
The moment your loved one died, the other side started protecting itself. Their adjusters are investigating. Their lawyers may already be involved. Every day you wait is another day they have to build their defense while you have nothing. You need and deserve to have someone in your corner who will work just as quickly.
Finally, acting quickly gives your family peace of mind. When you have an experienced wrongful death lawyer handling the legal side, you can focus on grieving and healing, not chasing deadlines.
So, it’s very important to call an experienced wrongful death lawyer as soon as possible and discuss the possible claim if you think you might have a wrongful death lawsuit. Again, in Florida, it’s two years from the date of death.
Remember, there is no statute of limitations if the death was caused by murder or manslaughter if you’re pursuing a case against the person that did the intentional act. My name is Jimmie Fasig. I am a wrongful death lawyer. If you have any questions about this or anything else related to wrongful death, please call me at 850-777-7777.
Sincerely,
Jimmy Fasig
Wrongful Death Attorney
Fasig Brooks Law Offices
(850)777-7777
