How much time do I have to file a wrongful death lawsuit in Florida?

Florida law places strict and complex restrictions on the timeframe available within which to file a wrongful death lawsuit. This timeframe is known as a statute of limitations. A wrongful death claim will be barred once the statute of limitations expires.

The statute of limitations for a wrongful death lawsuit in Florida is two years from the victim’s date of death. This means that family members and representatives must file a claim for compensation within this timeframe.

However, there are a number of exceptions to the rule, including homicides and medical malpractice cases. For instance, in wrongful deaths that involve medical malpractice, the two-year time limit starts when the cause of death is determined rather than the date of death. Another exception is when a wrongful death lawsuit is filed against a state or government entity. Under Florida law, the statute of limitations is generally extended to four years in such cases.

If you are thinking of pursuing a wrongful death case, be sure to avoid any delays. Speak to a knowledgeable Florida wrongful death attorney as soon as possible to ensure you meet the applicable statute of limitations. Joyce & Reyes will review the facts of your case and inform you about your legal options.

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