Under the 2019 Florida statutes, the statute of limitations for wrongful death is within two years of the date of death for most cases.
Florida Statutes section 95.11 also states that actions other than for recovery of real property will take place as follows:
- (b) An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered.
- (d) An action for wrongful death.
Florida’s “Right to Action” legislature under Statutes section 768.19 states that “when the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person,” the estate of the deceased person can file a civil lawsuit in court. The estate can pursue financial compensation for the wrongful death and any losses that resulted from it. Call Ben Crump Law, PLLC today at 800-593-3443, and receive a free case review.
How to Bring Up a Florida Wrongful Death Claim
In Florida, a personal representative of the deceased’s estate must file a wrongful death claim. This personal representative can be listed under the deceased person’s estate plan or in their will. A court appointed representative will be determined if there is no will or estate plan.
A wrongful death claim in Florida is filed under the deceased person’s estate and any family members, and it’s also filed by the personal representative. The personal representative must include in the claim a list of names from the deceased’s estate that have an interest in the claim.
The following family members can recover damages during a Florida wrongful death case from the deceased:
- The spouse, children, or parents
- Blood relatives
- Adoptive siblings
- Adult children when there’s no spouse
- The parents of minors
For a free legal consultation, call 800-593-3443
Recoverable Damages under Florida’s Wrongful Death Act
The Florida Wrongful Death Act states that the personal representative of the decedent must be the only figure to bring about the claim or lawsuit. Section 768.20 of the act states that the personal representative can bring a claim for the benefit of the decedent’s estate and for the benefit of the decedent’s survivors.
Recoverable damages by the estate of the deceased include:
- Funeral expenses
- Medical bills
- Lost wages
- Mental pain and anguish (including minors under 25 years old)
- Value of lost support and services
The deceased person’s estate could also recover the value of lost earnings that the deceased person was expected to receive. Another type of recoverable damage is called the prospective net accumulations of the estate, which is the value of earnings the estate would’ve received if the deceased person had lived.
Wrongful death cases are civil claims that are brought to court by the deceased person’s estate and not by the government. The liability in a Florida wrongful death case is only expressed in terms of financial damages. Criminal cases can also be brought up in court when a wrongful death is at play. These cases address different concerns and they don’t necessarily result in financial compensation.
Determine When the Statute of Limitations Expires in Florida with Attorney Ben Crump
The loss of a loved one can devastate an entire family years after their passing. Wrongful deaths can make the loss of a loved one even harder to cope with. Mr. Crump has an extensive history of pursuing wrongful death cases as well as civil rights, and he can seek justice for your loved one.
Wrongful deaths can occur in a myriad of ways, such as from automotive accidents, medical malpractice, workplace accidents like falls or electrocutions, diseases traced to a specific source, and more. No matter how you lost your loved one in a wrongful death case, Mr. Crump will work to get you the closure you deserve and need.
Mr. Crump and his associates can study your specific claim, uncover any liability, and tirelessly fight for you and your family. Our team of lawyers is not only here to help you legally during these difficult times but also to help you mourn the loss of a loved one. Call or text Ben Crump Law, PLLC today at 800-593-3443 and receive a free case review.