Yes, there is a statute of limitations on wrongful death suits in Florida. You only have two years to file a lawsuit seeking compensation from the person whose wrongful act took the life of your close relative, according to Florida Statutes § 95.11.
Every state sets a limit on how long you have to file lawsuits. The American Bar Association says that if you miss the deadline, you may lose the right to hold the at-fault party accountable for the death of your loved one. This means that you would never be able to go after money damages from the person who caused your close relative to die before their time.
Two years can pass quickly when a person is enduring high levels of stress and grief. Also, essential evidence may disappear with the passage of time. Even if you file the lawsuit before the deadline, the evidence you need to prove and win your case might get lost if you wait to take action.
Wrongful Death Lawsuits in Florida
Florida Statutes § 768.19
defines wrongful death actions. The statute says that an eligible person can file a lawsuit for wrongful death if the situation satisfies all of these required elements:
- Someone died
- Someone else’s wrongful act, negligence, breach of contract, or default caused the death
- If the injured person had not died, they could have sued the at-fault party for damages for their injuries
It does not affect the right to sue for wrongful death if the wrongful conduct was intentional or criminal. If your close relative’s death was a homicide, a qualified party can file a wrongful death lawsuit in civil court.
Criminal courts have a higher burden of proof than civil courts. Even if the evidence does not result in a criminal conviction of the person who killed your loved one, you could still win a wrongful death lawsuit.
For this reason, the results of any connected criminal charges from the wrongful act will not hurt your civil case for wrongful death. If the defendant gets convicted of the criminal charges, however, that fact can bolster your civil case.
Call the Law Offices of Anidjar & Levine for Help with a Wrongful Death Case
Since there is a statute of limitations on a wrongful death suit, please do not hesitate to call a legal professional for help. We understand that you need time to grieve, but it may compound the tragedy if your family does not get to pursue the compensation you deserve.
We handle wrongful death cases on a contingency-fee-basis. That means we do not get paid until you win, and our fees come out of the settlement proceeds or award. You do not have to pay upfront legal fees to get our help.
At the Law Offices of Anidjar & Levine, we go the extra mile for our clients. You focus on rebuilding your life, and we will take care of everything else. We will treat you with compassion while advocating for you tenaciously.
You can call us today at (800) 747-3733 to get started. We are happy to offer an initial consultation at no cost and with no obligation.
