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Is it ever too late to make a wrongful death claim?

On Behalf of | Oct 15, 2021 | Wrongful Death

It can be devastating to lose a loved one to an untimely accident. In the midst of dealing with your loss, you likely have to deal with their estate administration and other end-of-life affairs.

While you may be aware that you could file a claim against the person or business responsible for the death of your loved one, it may be one of the last things on your mind. However, as time passes and medical bills and other expenses begin to add up, you may wonder what it would take to make a wrongful death claim.

Here’s what you should know about making a wrongful death claim and the limitations you may face if you wait too long.

Florida’s statute of limitations

When lawmakers determined the statute of limitations on wrongful death claims, they needed to consider both sides of the equation. It is important to keep responsible parties accountable, but at some point, they need to be able to know that the time has passed when it comes to being the subject of litigation.

In most Florida cases, the statute of limitations on a  wrongful death claim is two years. While some circumstances could extend the statute of limitations, most cases fall under the two-year limit.

Why is there a limit?

A statute of limitations supports both sides of the case. For you, limiting the time from your loved one’s death to the time that you file a wrongful death claim means that memories are more likely to be accurate. Also, there is a better chance that essential evidence is still available.

If your case is against a business, there are limits on how long they must keep documents. The statute of limitations means that the defendant (the party against whom you are making your claim) has records and other evidence that you may need to support your claim.


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