If you have lost someone you love due to the negligence of another party, you may not be thinking about taking legal action right away. We sympathize and understand the conflicting emotions that arise when families initiate a wrongful death lawsuit. However uncomfortable the topic may feel, it’s a question that you need to address fairly soon. The statute of limitations to file a wrongful death lawsuit in Florida is only two years from the date of your loved one’s death.
However, there are some exceptions to the deadline for filing your suit; our Orlando wrongful death lawyers can help you determine whether you qualify to bring a claim.
How long do I have to file a wrongful death lawsuit in Florida?
A “statute of limitations” is the legal deadline for initiating legal action; in almost all wrongful death cases in Florida, the limit is two years. If you miss the deadline for filing your suit, you essentially forfeit your right to sue.
However, Florida lawmakers realize that there are some situations in which a family cannot meet the two-year statute of limitations for filing and have permitted certain exceptions to the statute of limitations.
Exceptions to the two-year rule
Certain medical malpractice cases
In Florida, most medical malpractice cases must be filed within two years of the incident. However, if the harm wasn’t immediately discoverable, this period may extend up to four years. This is a helpful exception, because it can take years to uncover potential medical errors or intentional wrongdoing, like:
- Concealment – If a healthcare provider or facility hides the truth about an error or adverse event related to a procedure or treatment, this may delay the discovery of the malpractice by the patient or their family.
- Fraud – This involves deliberate deception by a healthcare professional or facility to avoid responsibility for a mistake or negligent care.
- Intentional misrepresentation of facts – This occurs when false statements or misleading facts are provided by medical staff or institutions, which can mask the true cause of an injury or condition stemming from medical treatment.
If any of these factors are present, the statute of limitations could potentially be extended past two years.
Suing a government entity
Another exception to the statute of limitations regards cases filed against the government. Government agencies have sovereign immunity, which essentially means that the government has certain protections when it comes to lawsuits.
The plaintiff must notify Florida’s Department of Financial Services of its intent to file a wrongful death suit—in writing—within two years. The statute of limitations is tolled (paused) during this time, as the agency investigates the matter; its investigation may push the filing beyond the statute of limitations.
Other issues related to Florida’s two-year statute of limitations in wrongful death cases
Some of the other potential issues related to the Wrongful Death statute of limitations include:
- If the defendant dies, you must file a motion within a certain time frame to name the estate representative of the decedent as the new defendant in your claim
- If the initial plaintiff (the personal representative of the wrongful death victim) dies, then the court may order a substitute plaintiff
- If the defendant is out of state, the law may require additional time to initiate the legal proceedings
Have you lost a loved one in an incident that wasn’t their fault? We can help.
If you’re considering a wrongful death suit, you must act quickly. Call DWK Law at (407) 244-3000 for a free consultation.
