Wrongful Death Statute of Limitations

by Aaron Delgado
October 11th, 2018

When you and your family are dealing with the recent loss of a loved one, the last thing you want to do is worry about filing a lawsuit. However, if your loved one’s death was the result of another’s negligence or misconduct, you may be entitled to recover losses. Since a lawsuit is a legal matter, there is a finite amount of time that you have before you are no longer allowed to recover those losses. That’s why it is imperative that you are aware of and within the wrongful death statute of limitations in your state.

What is a Statute of Limitations?

A statute of limitations is a law defining how long you have to file a lawsuit. Each state has its own statute of limitations for countless legal actions, and most states have a separate statute to specifically address wrongful death.

Florida Wrongful Death Statute of Limitations

In Florida, the wrongful death statute of limitations is two years. That means you have two years from the deceased’s date of death to file a wrongful death claim. In other words, if a loved one passed away or was killed due to the negligence or recklessness of another on July 1, 2017, you only have until July 1, 2019 to file a wrongful death claim. An experienced Florida wrongful death attorney can help you determine the exact date by which you must bring about your wrongful death claim.

Under very specific circumstances, it is possible to “toll,” or delay, the statute of limitations period for a wrongful death claim. If tolling the statute of limitations is permitted for your case, that will provide you with a defined amount of additional time to file a claim. To determine whether your particular case may qualify for tolling the statute of limitations period, contact an attorney with experience handling wrongful death cases in Florida immediately.

Don't Let the Clock Run Out

In most cases, you will only have the time allotted by your state’s statute of limitations to file a wrongful death claim. If you’ve lost a loved one due to the negligence or misconduct of another, time is running out. Speak with a compassionate and experienced personal injury wrongful death attorney at Delgado & Romanik today at 386-492-8694 or schedule an appointment to discuss your case in greater depth. We will will begin working on your case immediately to help ensure that you receive the full amount of compensation to which you and your family are entitled.

Free Consultation Free Consultation
  • 10+ Years Combined Legal Experience
  • 24/7 Support
  • Top Rated Criminal and Injury Attorneys
  • Board Certified Florida Bar Expert Trial Lawyers