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The Statute of Limitations for Wrongful Death in Florida

When a loved one passes away due to the negligent or wrongful actions of another, the emotional impact can be devastating. As you seek justice through a wrongful death claim, it's essential to understand the importance of timing. Florida law imposes strict deadlines for filing wrongful death lawsuits, known as the statute of limitations. Failing to act within this time frame could result in losing your right to seek compensation.
This page explains the statute of limitations for wrongful death claims in Florida and why acting within this legal window is critical for a successful case.

What is the Statute of Limitations for Wrongful Death Claims in Florida?

In Florida, the statute of limitations for filing a wrongful death claim is typically two years from the date of the deceased person’s death. This means that the personal representative of the deceased’s estate must file the lawsuit within this two-year period, or the claim may be barred permanently.

Why is the Statute of Limitations Important?

The statute of limitations exists to ensure that legal claims are filed promptly and that evidence remains available and reliable. If you miss the deadline, the court may refuse to hear your case, and you will lose the opportunity to recover any compensation for your loss.
Here are the key reasons why acting within the statute of limitations is crucial:
Preserving Evidence
  • The sooner you file a wrongful death claim, the easier it is to gather critical evidence. Over time, evidence can deteriorate or become harder to collect. Witness memories may fade, documents may be lost, and physical evidence may no longer be available. By acting quickly, your attorney can secure the necessary evidence to build a strong case.
Protecting Your Legal Rights
  • Florida’s two-year deadline is strict, and there are very few exceptions. If the statute of limitations expires, you will likely lose the legal right to seek any compensation, regardless of the merits of your case. This is why it’s important to consult with an attorney as soon as possible to ensure your claim is filed on time.
Emotional and Financial Relief
  • Filing a wrongful death claim can provide a sense of closure and justice for the family members of the deceased. It can also offer much-needed financial relief, helping to cover funeral expenses, lost income, and other damages. The sooner you initiate the process, the sooner you can achieve these outcomes and begin to move forward.

How an Attorney Can Help Ensure Your Claim is Filed on Time

Navigating the legal complexities of a wrongful death claim while grieving the loss of a loved one can be overwhelming. Working with an experienced Florida wrongful death attorney ensures that your claim is filed promptly and correctly. An attorney can:
  • Determine the exact statute of limitations that applies to your case
  • Investigate the cause of death and gather evidence quickly
  • Handle all legal paperwork and filings to avoid costly delays
  • Evaluate any potential exceptions to the statute of limitations that may apply to your unique situation

​At Iacobelli Law Firm, we understand the urgency of wrongful death cases and work diligently to ensure that your case is handled within the required time frame. We are committed to fighting for the compensation you and your family deserve.
Request a Free Consultation with one of our lawyers and get answers today.  We are happy to speak with you and there is no obligation on your part to hire us.
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Request a Free Consultation today and learn about your rights following the tragic loss of a loved one.  If we accept your case, you Pay Us Nothing Unless You Win Your Case 

The personal injury attorneys at Iacobelli Law Firm provide legal services for the injured on a contingency fee basis, so that you pay us nothing unless we are successful in recovering money for you.  

We understand that following a serious injury or accident, you may be facing financial hardship.  Many people suffering a serious injury are unable to afford the additional expense of paying an attorney by the hour to advance a claim against an insurance company.  With a contingency fee agreement, the costs are advanced for you and we only get paid when you get paid.  If we lose, we get paid nothing.  

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You should always consult with an attorney about specific legal questions you may have. 
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  • HOME
    • About Us
  • PRACTICE
    • Catastrophic Injuries
    • Wrongful Death
    • Car Accidents
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    • Truck Accidents
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    • Premises Liability >
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      • Slip and Fall Accidents
    • Boat Accidents
    • Medical Malpractice
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    • Choosing a Personal Injury Attorney
    • Andrew A. Iacobelli
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