Losing a loved one is one of the most painful experiences a family can endure. When that loss is caused by someone else’s negligence—whether from a car accident, medical malpractice, or another preventable incident—Florida law allows surviving family members to pursue a wrongful death claim. But strict time limits apply, and missing a deadline could mean losing your right to justice and compensation.
Florida’s Wrongful Death Statute of Limitations
In Florida, the statute of limitations for wrongful death claims is generally two years from the date of death. This means the personal representative of the deceased’s estate must file the lawsuit in court within that two-year window.
Unlike some other types of personal injury cases, courts rarely grant exceptions to extend this deadline. That’s why it’s critical to act quickly and consult with an experienced wrongful death attorney as soon as possible.
Why Timing Matters
Failing to file within the statute of limitations can have devastating consequences. If the deadline passes, the court will almost always dismiss the case, no matter how strong the evidence may be. Acting promptly allows your attorney to:
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Preserve important evidence before it disappears.
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Interview witnesses while their memories are fresh.
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Navigate the legal process efficiently to protect your rights.
Who Can File a Wrongful Death Claim in Florida?
Florida law requires that the claim be brought by the personal representative of the deceased person’s estate, not individual family members. However, certain survivors—such as a spouse, children, or parents—may recover damages for medical bills, funeral expenses, lost income, companionship, and emotional pain and suffering.
Take the Next Step
If you’ve lost a loved one due to negligence in Florida, don’t wait until it’s too late. An experienced wrongful death attorney can guide you through the legal process, protect your family’s rights, and fight for the justice and compensation you deserve.
Have you or someone you know suffered a loss due to a wrongful death? Contact Florida Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
