Is There a Wrongful Death Statute of Limitations in Florida?

Is There a Wrongful Death Statute of Limitations in Florida?

Category: Wrongful Death

Wrongful death is defined as the death of a human being by a wrongful act of another person. Essentially, if someone dies unnaturally and as a result of negligence of another party, this is considered wrongful death.

A legal case can be brought against the party or parties responsible for the death. However, in the state of Florida, the case must be filed within a two year period of the death. You can find the exact legal documentation regarding this law here Florida Statute 95.11 (4)(d).

The scope of litigation is not limited to individuals. An entity, such as a corporation, can be sued as well. Furthermore, those holding public office or working in an official capacity for the county, town, city, state or federal government are not immune to litigation. Within the law you can find this text: “An action to recover public money or property held by a public officer or employee, or former public officer or employee, and obtained during, or as a result of, his or her public office or employment.”

The purpose of wrongful death law is to provide an avenue for the family or business partners to recoup funds which are now no longer able to be generated as a result of the person’s untimely death. Phrases like “potential future earnings” and “ongoing obligations” are commonly included in wrongful death cases.

Examples of wrongful death causes are car accidents, medical malpractice, dangerous properties, or breaches of contract or warranty.

Some of the more publicized and well-known wrongful death cases are The Goldman family vs. O.J. Simpson, Michael Jackson’s estate vs. his doctor, & Joan Rivers’ estate vs. her doctor. All of these cases sought to seek compensation for what the plantiffs considered negligence or willful harm which resulted in death.

Hiring an Attorney for a Wrongful Death Case

Certain attorneys specialize in wrongful death cases. A wrongful death attorney will guide you through the process and provide you with the best chance of winning your case. This process includes gathering all evidence, preparing documents and filing the suit.

Wrongful death attorneys help their clients get compensated for:

  • Funeral expenses
  • Medical expenses
  • Loss of earnings
  • Pain and suffering
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