Blog

Florida law establishes a two-year statute of limitations for wrongful death claims under Florida Statute § 95.11(5)(e). This deadline typically starts on the date of the individual’s death and limits the time available to file a lawsuit. The rule applies uniformly across various wrongful death claims, whether arising from medical malpractice, automobile accidents, intentional acts, product liability cases, or other forms of negligence or misconduct.
To protect the rights of surviving family members and the deceased’s estate, cases must be filed within this timeframe. A missed deadline typically results in the loss of the ability to recover compensation.

Circumstances That May Affect the Two-Year Timeframe
Certain circumstances can alter the two-year timeframe. Exceptions exist for situations where immediate action is not possible as a result of unique legal or other scenarios:
Delayed Discovery
When the cause of death is not immediately apparent, such as in medical malpractice cases or situations involving hidden negligence, the clock may start at the time the cause is discovered or reasonably should have been discovered. This allows families to pursue justice even when the wrongdoing becomes evident after the fact.
Sovereign Immunity and Government Claims
Wrongful death claims against government entities must follow additional steps, including a pre-suit notice to the Florida Department of Financial Services. The process may extend the timeframe while the government reviews the claim, but strict compliance with notice deadlines is required to preserve the case.
Criminal Proceedings
When the defendant (the person responsible for the wrongful death) is also facing criminal charges, families may think they need to wait for the criminal trial to conclude before filing a lawsuit. This is not the case. The timeline for filing a wrongful death claim is separate from any criminal process.
Although evidence from the criminal trial can sometimes strengthen the wrongful death case, it is not a reason to delay filing. Starting your lawsuit on time ensures your claim remains valid and allows additional evidence from the criminal case to be included later if needed. An attorney can guide you through this process and help you stay on track.
Defendant’s Death
If the defendant passes away during the course of legal action, the claim may proceed against the defendant’s estate. Florida law allows for substitution of the estate as a party, ensuring that the case continues despite the defendant’s death.
Figuring out how various exceptions could affect your case isn’t always straightforward. Whether it’s delayed discovery, navigating government requirements, or dealing with complications like the defendant’s death, each scenario brings unique challenges.  An attorney will help you assess which of these, if any, apply to your case and determine how to move forward and meet deadlines.

Parties Who May File
Wrongful death claims in Florida must be initiated by the deceased person’s personal representative. This individual, typically appointed in the deceased’s will or by the court, files the lawsuit on behalf of eligible surviving family members.

Who Qualifies as Eligible Survivors?
Florida law identifies specific individuals who can benefit from a wrongful death claim:

Spouses: A surviving spouse may recover for the loss of companionship, emotional suffering, and financial support.
Children: Minor children can recover for emotional loss and parental guidance, while adult children may also qualify depending on the circumstances.
Parents: Parents of a deceased minor child can recover from emotional pain and suffering, and in certain cases, parents of an adult child may also qualify.
Other Dependent Relatives: Relatives who relied on the deceased for financial or emotional support, such as siblings or extended family, may also be eligible in some cases.

Common Causes of Wrongful Death
Wrongful death claims can arise from various situations where negligence or intentional actions result in the loss of life. Common causes include:
Medical Malpractice
Errors by healthcare professionals, such as misdiagnosis, surgical mistakes, or failure to treat a condition, can lead to preventable fatalities.
Car Accidents
Negligent or reckless driving, including speeding, impaired driving, or failure to follow traffic laws, is a leading cause of wrongful death claims.
Intentional Acts
Deliberate actions, such as assaults or other criminal acts resulting in death, may also lead to wrongful death claims alongside any criminal charges.
Product Liability
Defective or unsafe products, such as malfunctioned vehicles, dangerous machinery, or contaminated food, can cause fatal injuries and leave manufacturers and distributors liable.

Recoverable Damages
In a Florida wrongful death claim, surviving family members can recover both economic and non-economic damages. Compensation focuses on covering financial losses and acknowledging the emotional impact of losing a loved one.

Economic Damages
Economic losses include specific, measurable costs and losses associated with the death of a loved one.

Lost Wages and Benefits: Compensation for income the deceased would have earned, including retirement benefits and other financial contributions to the family.
Medical Expenses: Costs incurred for treatment and care before the deceased’s passing.
Funeral and Burial Costs: Reimbursement for expenses related to the loved one’s funeral and burial.

Non-Economic Damages
These losses address the emotional and relational impact of the death:

Pain and Suffering: Compensation for the emotional distress experienced by surviving family members.
Loss of Companionship and Protection: Recovery for the absence of emotional support and security the deceased would have provided.
Loss of Parental Guidance: Compensation for children who have lost the care, guidance, and mentorship of a parent.

The personal representative files the claim on behalf of the estate, accounting for the ways the loss has impacted the family. Clear evidence of losses can make sure the family receives compensation that reflects their needs.

Filing Claims Against Government Entities
Sovereign immunity laws require additional rules and procedures for wrongful death claims against a government entity in Florida. Sovereign immunity limits the circumstances under which a government entity can be held liable, but Florida law provides exceptions for certain wrongful death cases.

Sovereign Immunity Rules
Sovereign immunity protects government entities from lawsuits except in specific situations. Under Florida law, wrongful death claims can proceed against government entities when negligence or misconduct by a government employee or agency causes a death.

Pre-Suit Notice Requirement
Before filing a lawsuit, claimants must provide a written notice to the Florida Department of Financial Services. This notice must be submitted within two years of the date of death. The notice should include details about the claim, including the circumstances of the death, the parties involved, and the damages being sought. Failure to submit this notice within the required timeframe may bar the claim.

Tolling During Government Review
Once the pre-suit notice is filed, the government has six months to review and investigate the claim. During this period, the statute of limitations is paused, or “tolled,” allowing time for the government to respond. If the government denies the claim or does not resolve it within the review period, the claimant may proceed with filing the lawsuit in court.
Strict adherence to these procedural requirements is needed to preserve the claim. Attorney guidance is usually necessary to pursue wrongful death claims against government entities.

Challenges With Out-of-State Defendants
How the Statute of Limitations May Be Extended
When a wrongful death claim involves an out-of-state defendant, the statute of limitations may be extended under certain circumstances. To protect families from unfair challenges when filing claims against people or businesses outside the state, Florida law allows for the tolling (temporary pausing) of the deadline if the defendant is absent from the state and cannot be served. 

Serving Papers to Out-of-State Defendants
Serving court papers to out-of-state defendants can be complicated. Families filing a wrongful death lawsuit need to follow Florida’s service of process rules, which outline how legal documents are delivered to notify the defendant of the case and give them a chance to respond. If the defendant resides in another state, additional requirements may apply, like using a service that specializes in interstate or international delivery of legal papers.

Adhering to Extended Deadlines
While the statute of limitations may be tolled, delays can complicate the claim. Prompt action is necessary to avoid unnecessary delays in locating and serving out-of-state defendants. 

Tips for Complying With Filing Deadlines
Preserve Evidence
Early collection of evidence prevents delays later in the process. Without acting early, critical information may be lost or harder to obtain, which can stall the preparation of the lawsuit and risk missing the filing deadline.

Identify Liable Parties
Determining all those responsible early ensures that the claim is prepared correctly and filed within the applicable statute of limitations. Delays in identifying defendants can create hurdles that can potentially affect the ability to file the claim on time. 

Work With an Attorney
An attorney takes care of the details that can make or break a wrongful death case. Filing deadlines, procedural rules, and gathering evidence are just a few of the steps that need to be handled correctly to avoid costly mistakes. Trying to manage these on your own can lead to missed opportunities, unnecessary stress and ultimately losing the chance to recover compensation.
If you’ve lost a loved one and need help seeking the compensation your family deserves, the dedicated Florida personal injury attorneys at Lesser, Landy, Smith & Siegel are here to provide skilled representation and unwavering support—reach out today for a free consultation.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html

The statute of limitations determines how long you have to file a lawsuit after suffering an injury. Under Florida Statute § 95.11, personal injury claims based on negligence must now be filed within two years of the injury. This change, effective in 2023, reduced the previous four-year deadline to two years. If you miss this deadline, your case will likely be dismissed, regardless of evidence or circumstances.
Why the Statute of Limitations Exists
The statute of limitations provides a clear timeframe for filing claims and provides a structure that helps preserve evidence, as witnesses are more likely to remember events, and physical or documentary proof is easier to obtain. Without a defined limit, the quality of evidence could diminish over time and a fair outcome could be harder to achieve.
Deadlines also protect defendants from facing lawsuits long after an event, when they may no longer have the ability to defend themselves effectively. The law balances the injured party’s right to seek compensation with the need to avoid legal disputes arising years or even decades later.
The requirement for timely action prioritizes active cases and reduces delays, which gives claimants a fair chance to present their case while evidence is still fresh and allows defendants to address allegations with the necessary information still available.
Exceptions to the Personal Injury Statute of Limitations
Certain types of personal injury cases follow different rules:

Medical Malpractice: Victims must file within 2 years of discovering the injury or when it reasonably should have been discovered. However, a “statute of repose” bars claims after 4 years from the date of the malpractice event, except in cases involving fraud or intentional concealment.
Wrongful Death: Florida law imposes a 2-year statute of limitations for wrongful death cases under Florida Statutes § 95.11(5)(e).
Government Claims: Claims against government entities often have shorter deadlines and specific pre-suit notice requirements. Injured parties may need to provide written notice to the appropriate agency within 6 months before filing a lawsuit.
Tolling for Minors: When the injured party is a minor, deadlines may extend under certain circumstances. For example, the “eighth birthday” rule may apply, allowing claims to be filed up to the child’s 8th birthday in some cases.
Intentional Torts and Strict Liability: Claims such as assault, battery, or product liability may have different time limits. Florida law typically requires intentional tort claims to be filed within 4 years, while strict liability cases may vary depending on the specifics.

An attorney familiar with the local statutes will explain which of these exceptions may apply to your case. 
Tolling of the Statute of Limitations
Tolling refers to a temporary pause of the statute of limitations, which extends the time available to file a claim. Tolling applies in specific situations where it would be unfair or impractical to enforce the normal deadline.
Common scenarios where tolling may apply include:

Minors: If the injured party is a minor, the statute of limitations may not begin until they reach a certain age. 
Incapacity: If the injured person is mentally incapacitated at the time of the injury, the deadline may pause until they regain capacity.
Fraud or Concealment: In cases where the defendant deliberately conceals their wrongdoing, the statute of limitations may be paused until the harm is discovered.
Pending Legal Proceedings: If a related case or legal proceeding delays filing, the clock may pause until the issue is resolved.

An attorney can determine if tolling applies and adjust your filing strategy accordingly.
The Role of Deadlines in Case Strategy
Not only does the statute of limitations define the timeline for filing a personal injury claim, it helps shape case strategy. Attorneys keep the statute of limitations in mind when deciding whether to settle or go to court. If the deadline is close, filing a lawsuit might be the only way to make sure the claim stays active. If there’s more time, they can push harder for a fair settlement without rushing into court.
Deadlines also help attorneys manage the pace of legal action. Filing early allows time to collect evidence, consult experts, and prepare for trial if necessary. Quick action also prevents insurance companies from delaying negotiations to pressure you into accepting a low settlement.
How to Stay Ahead of Deadlines

Focus on Case-Specific Requirements: Each case type has unique steps. For government claims, you must file a written notice with the appropriate agency before suing. Medical malpractice cases may require a pre-suit investigation and affidavit from a medical expert. 
Avoid Wasting Time on Common Delays: Missing documents, incomplete forms, or waiting too long to consult an attorney can jeopardize your case. Address these issues immediately to keep the process moving forward.
Strengthen Your Case with Fresh Evidence: Evidence like medical records, photos of the injury, and witness accounts are easiest to collect soon after the event. Waiting too long may result in lost proof or fading memories and make it harder to prove your claim.

Filing a claim outside the statute of limitations deadline can block you from recovering funds for ongoing medical expenses, lost wages, or other financial losses. Act quickly to maintain your right to seek this compensation.
Consulting a Personal Injury Attorney
A missed deadline can result in a lost case. Consulting an attorney will help keep your case on track and address issues like disputes over liability and relevant exceptions that could affect your claim.
If you were injured, contact the personal injury attorneys at Lesser, Landy, Smith & Siegel, PLLC, today for a free consultation. Our team will review your case and take immediate steps to protect your right to compensation.

Florida construction workers face a wide array of unique workplace accidents as a result of their profession. Two major categories of construction accidents are crane and trench accidents. Both types of accidents commonly occur on construction sites and it can be difficult to determine whether an employer should be held liable for a construction worker’s injuries if injured as a result of a crane or trench collapse. Accordingly, it is helpful to consider the recommendations and regulations of an outside regulatory agency like the Occupation Safety and Health Administration (OSHA) to help determine the reasonableness of an employer’s actions in regard to these dangerous conditions.

OSHA Recommendations for Trenches

Trenches have many common uses in Florida construction projects including, but not limited to, burying utility cables, serving as a means to set a building foundation, and building connecting waterways. Unfortunately, if not dug properly, trenches can collapse onto construction workers, severely injuring or even killing them. To help prevent trench collapses, OSHA has published recommendations that they suggest companies follow with regards to constructing trenches. These recommendations include sloping trench walls, adding supports to trench walls, keeping heavy construction equipment away from trench walls, and taking note of where any pre-existing underground utilities are.

These recommendations can be seen as reasonable guidelines for common practices companies should have their workers follow. If a company does not follow these recommendations, this could be seen a basis for arguing the company was negligent. In the same way, if an employer is following these recommendations, they could use this as a defense to argue they were not negligent.

OSHA Regulations for Cranes

Similar to trenches, cranes are frequently used in Florida construction projects. According to statistics published by the U.S. Department of Labor, there are almost 100 crane-related fatalities every year. To try to prevent additional fatalities, OSHA has also promulgated several regulations with regards to crane use on construction sites. These include:

Conducting ground surveys to ensure the ground on which the crane is located can support the weight of the equipment.
Properly train workers to use the equipment and ensure they obtain the proper certifications for operating the equipment. This includes ensuring that workers are specifically trained on any tasks they need to perform unique to the company.
Ensure that all the cranes used on the site are properly inspected.
Evaluate the turning radius of the crane. Many crane-related fatalities are a result of the cranes swinging into hazards such as power lines that lead to electrocution of the crane operators.

Like the recommendations regarding trenches, both employees and employers can use the OSHA regulations for cranes to argue about their respective levels of negligence.

Contact us for Assistance

Outside regulatory agency recommendations and regulations like those issued by OSHA can help build a case for an employer’s negligence if an employee is injured on the job. The experienced Boca Raton, Stuart, or West Palm Beach personal injury lawyers at Lesser, Landy, Smith & Siegel, PLLC can help you build your case based in part on these recommendations and regulations. Contact us today for assistance.

Resources:

osha.gov/Publications/trench/trench_poster_eng.html

bls.gov/iif/oshwc/osh/os/osh_crane_2006.pdf