How Long Do You Have To File a Wrongful Death Claim After a Florida Car Accident?
Losing a loved one in a car crash is heartbreaking. During those first difficult weeks, it’s completely normal for legal deadlines to be the last thing on your mind. However, if you’re thinking about filing a wrongful death claim in Florida, you have to keep an eye on the statute of limitations clock. If you miss the deadline, you’ll lose your right to seek compensation, no matter how valid your claim is.
Florida’s Statute of Limitations for Wrongful Death
Florida law gives you two years from the date of your loved one’s death to file a wrongful death lawsuit. That’s true whether the case involves a car accident or any other kind of fatal incident.
It’s important to focus on the right date. The deadline usually starts running on the day your loved one passes away, not the date of the accident itself. If your loved one survived for a while after the crash, the two-year countdown begins when they pass away.
If you wait too long, your case will most likely be dismissed, no matter what happened or how strong your evidence is.
Who Can File the Claim?
In Florida, only the personal representative of the deceased person’s estate can file the wrongful death lawsuit. However, this person stands in for the surviving family, such as a spouse, children, and parents.
While the personal representative brings the case, any money recovered is shared among surviving family members, depending on their losses.
Are There Any Exceptions?
The two-year deadline applies in most cases, but there are a few exceptions that can sometimes extend or shorten the timeline, including:
- Government involvement: If the accident involved a government agency or vehicle, you’ll face special notice requirements and possibly even shorter filing deadlines.
- Fraud or Concealment: If the defendant took active steps to hide the cause of death, the deadline could be paused (tolled) until the truth is discovered or reasonably could have been discovered.
- Defendant leaves the state: If the at-fault party leaves Florida, the time they are out of state may not count.
These exceptions depend a lot on the details of each case, so it’s best to speak to an attorney.
The Importance of Acting Fast
Two years might sound like a long time, but don’t wait to act. The truth is, evidence tends to disappear, people forget key details, and insurance companies often start building their case against you almost immediately. Starting early gives your attorney time to investigate what happened, gather the evidence you need, talk to experts, and preserve evidence. All of this can make your case much stronger.
What Types of Compensation Can You Expect?
Families can often recover money for:
- Funeral and burial costs
- Medical bills related to the fatal injuries
- Lost income and support
- The loss of guidance and companionship
- Mental pain and suffering for those left behind
The exact compensation depends on the circumstances of the case and the relationship between the deceased and surviving family members.
Understanding deadlines is just the first step after a wrongful death. Dealing with the legal system while you’re grieving is tough, but you don’t have to handle it alone. An experienced Florida wrongful death attorney can help.
Contact Us for Legal Help
If you’ve lost a loved one in a Florida car accident, contact our experienced Orlando wrongful death attorney at Orlando Accident Attorney today to protect your rights and pursue the compensation your family deserves.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html