Each state has specific, distinctive laws and rules regarding wrongful death cases. Ensuring that the procedure gets started within the appropriate time frame is another factor to consider when submitting a wrongful death claim. Lawsuits are subject to a Statute of Limitations, which varies based on the nature of the claim and the context in which the event occurred.
When a loved one passes away, you must file a claim for compensation within the statute of limitations’ allotted period in order to try to lessen financial responsibilities. Consequently, it is advised to get legal consultation with a wrongful death attorney.
What is the Florida wrongful death statute of limitations?
First off, a statute of limitations is a deadline that establishes the window of opportunity for someone to initiate a lawsuit and seek redress. The statute of limitations restricts people’s ability to bring claims indefinitely.
There would be no end to litigation if people could keep bringing claims for things that happened years ago. Additionally, witnesses may pass away or forget crucial information about the tragedy, and evidence may disappear. A Statute of Limitations, therefore, offers victims a reasonable amount of time to gather and present evidence to pursue justice.
Each state has a different statute of limitations for wrongful death claims. Families of victims who have passed away in Florida have two years to launch a wrongful death lawsuit. Additionally, the two-year window starts when the person passes away.
Why does the statute of limitations exist?
There are rules about when to file a wrongful death claim in Florida for a number of different reasons. The following are some of the causes for the statute of limitations:
- Ensuring prompt legal action and the administration of justice.
- Distributing justice equally to the complainant and the defendant.
- Ensuring that claimants use the relevant evidence right away.
What is the statute of limitations exceptions?
The Statute of Limitations in a wrongful death claim may be affected by specific occurrences. Although it is not usually the case, the Statute of Limitations can be lowered to one year. Apart from the two cases already mentioned, this time limit has a few exceptions.
These consist of the following:
- Medical misconduct: It may take some time for a person’s family or loved ones to realize that medical negligence was to blame for their loved one’s unfortunate death.
- Murder and Homicides: In cases with a criminal component, it often takes homicide investigators to identify and establish who or what is to blame for a person’s death.
- Government Entity: The Statute of Limitations is extended to four years if a government organization is at fault for wrongful death.