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.Â
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.Â
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.Â
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.
