Every state, including Florida, has a statute of limitations that limits how long you have to file a lawsuit. However, the amount of time you have to file a case is different in each state.
In Florida, the wrongful death statute of limitations is found in Section 95.11(4)(d) of the Florida Statutes. You generally have two years from the date of death to file a wrongful death case. In very specific circumstances, such as when a person is intentionally killed, the statute of limitations may be extended.
What Happens If You Miss the Statute of Limitations?
If you miss the statute of limitations, your wrongful death case will likely be dismissed. The defendant will file a motion with the court to dismiss the case explaining that the statute of limitations has expired. Unless you have a legally valid reason for missing the statute of limitations, your lawsuit will be dismissed without ever being heard on its merits, and you won’t make a financial recovery.
How to Start a Wrongful Death Lawsuit
The easiest way to make sure that you comply with the statute of limitations and all other legal timelines and requirements is to contact an experienced Florida wrongful death lawyer as soon as possible.
You shouldn’t wait until the statute of limitations has almost expired. Instead, you should contact an attorney as soon as you can after your loved one’s death. The sooner you contact a lawyer, the more likely it is that the attorney can gather credible evidence for your wrongful death case. Additionally, the sooner you begin a case, the sooner the case may be resolved.
If you need to file a wrongful death case, contact attorney Coy H. Browning today to schedule your free evaluation. He will discuss your rights, how to best protect them, and what you may recover in a successful Florida wrongful death lawsuit.