Do you know what the wrongful death statute of limitations is in Florida? A wrongful death is always shocking because it is so sudden and unexpected. One day, your loved one goes to the shopping mall, as they do weekly, but this time they slip on something and receive a head injury during the fall that results in death. Or they visit a friend for lunch, and on the trip back someone drives through the intersection, against a red light, and crashes into your loved one’s car causing their death.
Slinkman, Slinkman & Wynne, P.A., can help you file a wrongful death claim if you lose a loved one due to the negligence of another person. We have more than 40 years of experience seeking justice for Florida families and can visit you at home if you cannot meet us in our office. We share more about Florida’s wrongful death statute of limitations and advise who can file the claim.
Wrongful Death Statute of Limitations in Florida
A statute of limitations is a legally prescribed time limit in which a lawsuit must be filed. In Florida, as of March 24, 2023, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the deceased person’s death. If you don’t file your claim within the prescribed period, you cannot recover the damages that are your right. Wrongful death attorney Slinkman, Slinkman & Wynne can advise you on the statute of limitations for cases where the person passed away before March 24, 2023.
There is an exception to the two-year rule. If the death of your loved one resulted from manslaughter or murder, you can file a wrongful death suit at any time.
How Florida Defines Wrongful Death
Wrongful death, according to Florida law, occurs when one person dies due to the legal fault of another party caused by a “wrongful act, negligence, default, or breach of contract or warranty…”
Incidents of negligence include auto and motorcycle accidents or a slip-and-fall event. The death of a person caused by medical malpractice is professional negligence. When someone dies due to a defective product, it is deemed a breach of contract or warranty. Finally, we have a wrongful or intentional act where someone knowingly performs an act or causes harm. A person can be sued in civil court for a wrongful death while facing criminal charges for the same death.
Filing Wrongful Death Claims
In Florida, only a personal representative (executor) can file a wrongful death claim on behalf of the deceased person’s estate and must list all potential beneficiaries. The following persons can receive wrongful death damages: surviving spouse, minor children, adult children (if there is no surviving spouse), each parent of a deceased minor child), and the parents of an adult child when there are no other survivors.
In the event of a successful wrongful death case, damages will be awarded separately to the deceased estate and the family. Slinkman, Slinkman & Wynne offers contingent fee contracts. We charge no fees or costs unless we win your case.
Legal Counsel in Wrongful Death Cases
A wrongful death case is especially traumatic to the loved ones left behind. You need legal counsel who understands the sensitivities surrounding such an event while fighting for justice. Slinkman, Slinkman & Wynne know that the trust clients place in us is a huge responsibility. We are committed to getting exceptional results for our clients and take the time to prepare each case thoroughly. Our attorneys take a hands-on approach, from the initial interview to negotiations and throughout a trial.
We offer a free initial consultation, and all conversations during this time are strictly confidential.
Slinkman, Slinkman & Wynne is based in Jupiter, FL, but we serve communities throughout Florida, including Royal Palm Beach and Stuart. Do you want to discuss how the Florida wrongful death statute of limitations affects your case? Contact Slinkman, Slinkman & Wynne today.