Losing a loved one due to someone else’s negligent or wrongful actions is an unimaginable tragedy. Besides the profound emotional turmoil, many families are left struggling with sudden financial hardships from expensive medical bills, funeral costs, and lost income.
While no amount of money can make up for such a devastating loss, a Davey wrongful death lawyer can help you file a lawsuit to allow you to pursue compensation to cover these burdens and hold the responsible party accountable.
However, there are strict time limits in place for taking legal action after a fatal accident or incident in Florida. In most cases, you have only two years to file a claim, so acting quickly to protect your rights is crucial.
What Is the Wrongful Death Statute of Limitations in Florida?
Under Florida Statute 95.11(4)(d), the statute of limitations to file a wrongful death lawsuit is two years from the date of the decedent’s death. This applies to cases involving:
- Fatal motor vehicle accidents
- Medical malpractice resulting in death
- Workplace accidents or exposure causing loss of life
- Defective products leading to a fatal incident
- Premises liability incidents causing deadly injuries
- And many other cases of negligence
If you fail to file your wrongful death claim before the two-year window closes, the court will dismiss your case, and you will be unable to pursue any damages allowed under Florida law.
This law aims to motivate families to take prompt legal action while evidence is still available and credible. However, the two-year filing period can go by rapidly amid the grief and turmoil after an unexpected loss. A personal injury lawyer in Davie can handle your case and give you time to grieve.
Certain Exceptions Could Shorten the Filing Period
While two years is the standard statute of limitations, there are instances where this filing window could be impacted:
- If the cause of death was not immediately apparent in a medical malpractice claim
- When dealing with government entities
Our lawyers will identify any exceptions that could shorten or extend your time to take legal action.
Protecting Your Right to Justice and Compensation
While two years may seem like ample time at first, there are various reasons why consulting an experienced wrongful death attorney right away is so important:
Investigating the Fatal Incident Thoroughly Takes Time
To build a strong claim proving negligence and damages, your lawyer will need to:
- Interview witnesses and parties involved
- Gather evidence
- Make a thorough analysis of all evidence related to the fatal incident
- Calculate current and future financial losses accurately
- Determine all potential sources of compensation
This comprehensive process is extremely time-consuming. Starting immediately allows your legal team to conduct a thorough investigation while evidence and recollections are still fresh.
Insurers May Take Delays as a Signal to Lowball Settlement Offers
Insurance companies are notoriously difficult when it comes to paying out wrongful death claims fairly. If you wait too long, they may see it as a lack of resolve to file a lawsuit and be more inclined to present lowball settlement offers.
Having a lawyer advocating for your case early shows you are serious about protecting your rights and pursuing the full compensation deserved.
Valuable Evidence and Recollections Could Disappear Over Time
Witness memories fade, evidence degrades or disappears, and records get lost or destroyed as more time goes by. The sooner your lawyer begins an investigation, the better the chances are for preserving all the proof needed to substantiate your claim successfully.
Important Statutory Notification Requirements Must Be Met
There are specific notifications that must be made to certain entities, like medical providers or government agencies, before proceeding with a wrongful death lawsuit. Failing to meet these requirements could derail your ability to pursue compensatory damages.
Your Unwavering Advocates Through Unimaginable Loss
No amount of damages can make up for the immeasurable pain of losing a loved one so tragically. However, the compassionate team at Winston Law Firm understands how overwhelming this heartbreaking situation is for families.
That’s why we dedicate ourselves to lifting every legal burden off your shoulders while tenaciously pursuing the justice and accountability you deserve. Our seasoned litigators will:
- Ensure all filings and notifications are handled correctly and promptly
- Effectively calculate and pursue full compensation for your circumstances
- Deal with the insurance companies and defense lawyers aggressively
- Prepare to take your case to trial if negotiations fail to achieve a fair settlement
Contact Us to Learn How the Florida Wrongful Death Statute of Limitations Applies in Your Case
You can count on Winston Law Firm to be your supportive legal advocates every step of the way. We’ll treat your case – and your family’s needs – with the utmost care and unwavering commitment to maximize your recovery.
Time is of the essence, so please don’t wait to get our team involved after losing someone so precious. Your initial consultation is free, so you can get trusted advice with no upfront costs or obligations.
While no victory can heal your grief, pursuing accountability can provide some sense of justice and closure. Find out how we can help you by reaching out to us today.
