Losing a loved one due to someone else’s negligence is one of the most devastating experiences a family can face. While no lawsuit can undo the loss, a wrongful death claim can help provide financial stability, accountability, and a sense of justice. One of the most common questions families ask is:
“How long will a Florida wrongful death lawsuit take?”
The answer depends on several factors, but understanding the general timeline can help families prepare for what lies ahead.
The Typical Timeline of a Florida Wrongful Death Case
Most Florida wrongful death cases take anywhere from 12 months to several years to fully resolve. Some may settle sooner, while others may take longer if they go to trial.
Here is a general breakdown of the process.
1. Initial Investigation and Case Preparation
Estimated time: 1 to 3 months (or longer in complex cases)
Before a lawsuit is filed, the attorney must:
-
Investigate the cause of death
-
Gather medical records, accident reports, and witness statements
-
Consult with experts
-
Identify all liable parties
-
Determine the full extent of damages
In medical malpractice wrongful death cases, Florida law requires a pre-suit investigation and notice period, which can add several months to the timeline.
2. Filing the Lawsuit
Estimated time: A few weeks
Once the investigation is complete, the personal representative of the estate files the wrongful death complaint in court. The defendants are served and given time to respond.
3. Discovery Phase
Estimated time: 6 months to 18 months
Discovery is often the longest stage of a wrongful death case. During this period, both sides exchange evidence and take depositions.
This stage may include:
-
Written questions (interrogatories)
-
Requests for documents
-
Depositions of witnesses, family members, doctors, or experts
-
Independent medical or forensic evaluations
Complex cases, especially those involving multiple defendants or disputed liability, can extend the discovery phase significantly.
4. Settlement Negotiations and Mediation
Estimated time: Can occur at any stage
Many wrongful death cases resolve through settlement rather than trial. Courts often require mediation before a trial date is set.
Settlement may happen:
-
Shortly after filing the lawsuit
-
After key depositions
-
Right before trial
If the parties reach an agreement, the case may resolve within 12 to 18 months from the start.
5. Trial (If Necessary)
Estimated time: 1 to 2 weeks for trial, but often 2 to 4 years after the incident
If the case does not settle, it proceeds to trial. The timeline depends on:
-
Court scheduling
-
Complexity of the case
-
Number of witnesses and experts
-
Pre-trial motions
In busy Florida court systems, it can take two to four years from the date of death to reach trial.
Key Factors That Affect How Long a Case Takes
No two wrongful death cases are the same. Several factors can speed up or delay the process.
1. Type of Case
-
Auto accident cases may resolve faster.
-
Medical malpractice cases usually take longer due to pre-suit requirements and expert testimony.
2. Disputed Liability
If the at-fault party denies responsibility, the case may take longer to resolve.
3. Number of Defendants
Cases involving multiple parties, such as:
-
Hospitals
-
Contractors
-
Property owners
-
Government entities
…typically require more time for discovery and coordination.
4. Insurance Company Cooperation
If the insurer offers a fair settlement early, the case may resolve quickly. If not, litigation may be necessary.
5. Court Backlogs
Some Florida counties have heavier caseloads, which can delay trial dates.
The Statute of Limitations Still Applies
In most cases, Florida law gives families two years from the date of death to file a wrongful death lawsuit. Waiting too long can permanently bar the claim.
However, the filing deadline is separate from how long the case takes. A case may be filed within the two-year period but still take years to resolve.
Why These Cases Take Time
Wrongful death cases often involve:
-
Complex medical or accident evidence
-
Expert witnesses
-
Large financial damages
-
Emotional testimony from family members
Because of what is at stake, both sides typically conduct thorough investigations before reaching a resolution.
What Families Can Expect During the Process
While each case is different, most families experience:
-
Periods of intense activity (depositions, mediation)
-
Periods of waiting for court dates or expert reports
-
Ongoing settlement discussions
An experienced wrongful death attorney can handle the legal burdens so families can focus on healing.
The Bottom Line
Typical timelines for Florida wrongful death cases:
-
Early settlement: 6 to 12 months
-
Standard litigation with settlement: 12 to 24 months
-
Cases that go to trial: 2 to 4 years or more
While the process can take time, a carefully prepared case often leads to better outcomes and fairer compensation.
Speak With a Florida Wrongful Death Attorney
If you lost a loved one due to negligence, you may have the right to pursue a wrongful death claim under Florida law. An experienced attorney can evaluate your case, explain the timeline, and guide you through every step of the process.
Acting quickly can help preserve evidence, protect your rights, and move the case forward as efficiently as possible.
Contact Florida Personal Injury 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.
This article is for informational purposes only and does not constitute legal advice.
