How Long Do You Have to File a Wrongful Death Case?

When a person dies or is killed due to the negligence or misconduct of another, the surviving members of the victim’s family may sue for “wrongful death.” A wrongful death claim is typically filed by a representative of the estate of the deceased victim, on behalf of the survivors with whom had a relationship with the victim.

Survivors may be compensated for:

  • Funeral and burial expenses
  • Loss of the deceased person’s expected income
  • Loss of any inheritance as a result of the death
  • the deceased person’s pre-death pain and suffering
  • the medical expenses that the deceased victim incurred as a result of injury prior to death
  • Loss of love and companionship

Statutes of Limitations:

Every state has its own statute of limitation for wrongful death cases. A statute of limitation is the time limit for which one can file a claim after the wrongful death has occurred. If a suit is not filed within the time frame, you will not be able to receive compensation. However, sometimes a critical discovery about a wrongful death case is made after the statute of limitation has expired. In that case, those seeking to file a claim for wrongful death may have more time to do so. According to Florida Statute § 95.11, a person has to file a claim within 2 years of a wrongful death case. For example, if the wrongful death occurred on January 1, 2016, the person must file a claim by January 1, 2018. However, if there is a discovery, the date may be extended, depending on the circumstances and details of the discovery. Different types of cases have different statutes of limitations. Understanding the statute of limitations is key to successfully filing and ultimately winning a claim.


The statistics on wrongful deaths are overwhelming. According to the Florida Department of Highway Safety and Motor Vehicles, in 2014, the number of fatalities due to motor vehicles was 2,494. In 2015, the number rose to 2,939 fatalities, a 17.84% increase from the previous year. Essentially, in 2014 and 2015 alone, there were around 5,400 deaths that could have been wrongful deaths depending on the situation. These numbers are from motor vehicle accidents alone. Clearly, wrongful death is a huge problem in our home state of Florida. As such, proper legal representation is paramount to ensure your coverage and compensation.

The Importance of Representation:

The legal intricacies that come with wrongful death cases can become very tricky and complex. Brooks Law Group attorneys are standing by to assist you in the best possible way. If you or a loved one has lost a relative due to a wrongful death, do not hesitate to call us at 1-863-299-1962, or visit our website for a free case evaluation.

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