What Is the Statute of Limitations for Wrongful Death in Florida?

The statute of limitations for filing a wrongful death claim in the state of Florida is two years from the date of death. For example, if your loved one passed away because of another's recklessness or negligence on September 1, 2020, you must file a Florida wrongful death claim by September 1, 2022. However, certain extensions may apply in very few cases, depending on the nature of the action. An attorney is able to assess the specifics.

The general statute of limitations in the state of Florida is two years from the date of the death caused by the wrongful act or the negligence of another.

However, if certain extenuating circumstances occur, this period can be shortened or extended based on the nature of the action.

Except for certain particular situations, once the specified time period for filing a claim expires, courts no longer have jurisdiction to punish the accused and compensate the victims. Courts are very strict about the statute of limitations and will decline to hear a case after that time if no extenuating conditions are in place.

However, the time limit within which to file a wrongful death action is extended if the death was the result of:

  • Homicide or murder
  • Medical malpractice
  • A government entity

A wrongful death lawsuit is a civil court case aimed at winning compensation for financial and non-economic losses of surviving family members.

Some of the most difficult cases we handle at the Law Offices of Sean M. Cleary are the ones in which we work with families who have suffered the tragic loss of a loved one. The family faces emotional issues. Also, the time to bring a claim is short, only two years.

We encourage families to talk to a lawyer to make sure the investigation has started and is properly conducted, to ensure that everything can be done in this short period of time. For quality legal representation, please contact Miami wrongful death lawyer Sean M. Cleary.

Florida's Two-Year Statute of Limitations for Wrongful Death in a Nursing Home

Under both Florida's Wrongful Death Act and Florida's Nursing Home laws, a victim or their Estate has two years from the date of the elder abuse to file a claim against all parties who may be responsible for the death of the resident. Under Florida's nursing home law, any action for damages must be started within:

  • Two years from the time the incident giving rise to the legal action occurred or
  • Two years from the time the incident is discovered or should have been discovered with the exercise of due diligence

It is heartbreaking whenever elderly residents have to endure pain and suffering. If you have a family member that has been abused while staying in a nursing home please feel free to contact our office today to discuss a potential claim with our nursing home abuse lawyer. Our Miami-based negligence attorney will:

  • Investigate the cases
  • Fight to get answers
  • File a wrongful death claim
Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.