What is The Statute of Limitations in Florida for a Wrongful Death Claim?
On Behalf of Rosenthal, Levy, Simon & Sosa | May 25, 2022 | Wrongful Death
Most personal injury claims’ statute of limitations in Florida is four years from the date of the injury. But the statute of limitations for wrongful death claims in Florida is only two years within the date of death. Once the statute of limitations has passed, you lose your legal right to file a wrongful death claim.
You can, however, bring a wrongful death claim at any time if your loved one’s death resulted from manslaughter or murder. It doesn’t matter whether or not the defendant was charged or convicted of the crime that killed your loved one. If you lost a loved one due to another person or entity’s negligence or violent acts, here’s what you should know about wrongful death claims in Florida.
What Exactly is a Wrongful Death in Florida?
Wrongful death refers to a person who was killed because of a wrongful act due to another party’s negligence. For instance, if a driver who was hit by another vehicle that was speeding was killed in the crash, the driver’s family may have a valid claim for wrongful death.
Wrongful death can likewise occur in various situations, such as pedestrian accidents, medical negligence by a medical professional, a slip and fall due to hazardous property conditions, the use of a defective product, or workplace accidents, among others. Families of people who were killed due to a violent act may also have a claim from wrongful death.
Who Can File for a Wrongful Death Claim in Florida?
Only the decedent’s estate’s personal representative can file a wrongful death claim. This can be the decedent’s family member or lawyer. Only specific surviving relatives can recover damages in wrongful death claims:
- Children
- Spouse
- Parents
- Other blood relatives or adopted siblings who were dependent on the decedent’s financial support
What Damages Can Be Recovered in a Wrongful Death Claim in Florida?
Damages that surviving family members can receive include the following:
- Loss of the decedent’s services, support, protection, and companionship.
- Metal suffering and pain.
- Loss of parental guidance, instruction, and companionship.
- Funeral and medical expenses that the surviving family paid out of pocket.
The decedent’s estate can also recover these damages:
- Funeral and medical bills the estate paid for.
- Lost earnings and benefits from the decedent’s injury date to their death.
- The value of wages and benefits the decedent could’ve reasonably expected to save and leave to the estate had they lived.
Reach Out to Our Florida Wrongful Death Lawyers
No one really wants to rush into the process of bringing a wrongful death claim after losing a loved one. But keep in mind that you may only have two years to bring your claim. The Florida wrongful death lawyers of Rosenthal, Levy, Simon & Sosa can handle all the legal aspects of your claim while you focus on healing from your loved one’s untimely death.
We’ll fight to make sure that the person responsible for your loved one’s death is held liable for their actions. Call 561-478-2500 or contact us online to arrange your free consultation.