The general statute of limitations in the state of Florida is two years from the date of the death caused by the wrongful act or the negligence of another, according to The 2021 Florida Statute 95.11(4)(d), ensuring that these individuals are held liable for their actions, and the families of the deceased compensated.
However, if certain extenuating circumstances occur, this period can be shortened or extended based on the nature of the action.
Except for certain particular situations, once the specified period for filing a claim expires, courts no longer have jurisdiction to punish the accused and compensate the victims.
Therefore, it is essential to file a claim within the wrongful death statute of limitations to be able to seek damages for your loved one’s death. Courts are very strict about the statute of limitations and will decline to hear a case after that time if no extenuating conditions are in place. Nonetheless, the time limit within which to file a wrongful death action is extended if the death was the result of:
A wrongful death lawsuit is a civil court case aimed at winning compensation for financial and non-economic losses of surviving family members. A wrongful death claim in Florida must be filed by a personal representative, listed in the deceased person’s will or estate plan, or a court-appointed representative, in case of a missing listing. The designated representative must mention all of the victim’s survivors who have an interest in the claim.
The beneficiaries who may obtain compensation from a wrongful death lawsuit are:
- The surviving spouse, children, or parents
- Blood relatives
- Adoptive siblings
- Other parties who were dependent on the deceased
Some of the most challenging cases we handle at the Law Offices of Sean M. Cleary are the ones in which we work with families who have suffered the tragic loss of a loved one.
We encourage families to talk to a lawyer to make sure the investigation has started and is properly conducted and that everything can be done in this short amount of time. For quality legal representation, please contact Miami wrongful death lawyer Sean M. Cleary.
Florida’s two-year statute of limitations for wrongful death in a nursing home
Under both Florida's Wrongful Death Act and Florida's Nursing Home laws, a victim's estate has two years from the date of the elder abuse to file a claim against all parties who may be responsible for the death of the resident. Under Florida's nursing home law, any action for damages must be started within two years:
- From the time the incident giving rise to the legal action occurred
- From the time the incident is discovered or should have been discovered with the exercise of due diligence
It is heartbreaking whenever elderly residents have to endure pain and suffering. If you have a family member who has been abused while staying in a nursing home, please feel free to contact our office today to discuss a potential claim with our nursing home abuse lawyer. Our Miami-based negligence attorney will:
- Investigate the case
- Fight to get answers
- File a wrongful death claim
