What is the statue of limitations for wrongful death in Florida? In Florida, the statute of limitations for wrongful death cases is two years from the deceased person's death date. However, various exceptions and considerations may impact the filing deadline. This article will explore the statute of limitations for wrongful death in Florida, empowering you with crucial information during this difficult time.
Losing a loved one due to someone else's negligence or intentional actions is a devastating experience. In such tragic circumstances, the family of the deceased may be entitled to seek justice through a wrongful death claim. However, it's essential to be aware of the statute of limitations governing such cases to ensure timely action.
The statute of limitations refers to the legal time limit within which a wrongful death claim must be filed. In Florida, the statute of limitations for wrongful death cases is governed by Florida Statutes section 95.11(4)(d), which states that a wrongful death claim must be brought within two years from the date of the deceased person's death.
It's vital to understand that the statute of limitations can vary based on the circumstances of the case. There are certain exceptions and considerations to keep in mind:
In some cases, the two-year statute of limitations may be extended if the cause of death was not immediately apparent. The "discovery rule" allows the statute of limitations to begin from the date the cause of death was discovered or should have been reasonably discovered.
If the wrongful death claim involves a government entity or agency, such as a city or county, special rules and shorter deadlines may apply. In such cases, a notice of claim may need to be filed within a specific timeframe before a formal lawsuit can be initiated.
If the deceased person is a minor or mentally incapacitated at the time of their death, the statute of limitations may be tolled (paused) until they reach the age of majority or regain capacity.
Failing to file a wrongful death claim within the applicable statute of limitations can have serious consequences. If the deadline passes, the court is likely to dismiss the case, barring the family from seeking compensation for their loss. Taking prompt action is crucial to protect your rights and ensure that the responsible parties are held accountable for their actions.
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