You’ve probably heard the term at some point in your life: “statute of limitations.” It’s a fancy way of saying you have a strict time limit to bring a Florida wrongful death lawsuit. For Florida wrongful death lawsuits, the time limit is two years from the date of death. This means that if your loved one passed away as a result of another’s negligence on October 1, 2016, then you must bring a Florida wrongful death lawsuit before October 1, 2018.
What “Filing” a Wrongful Death Lawsuit Actually Means
Keep in mind, that when I write “bring a lawsuit” it means actually filing a lawsuit with the clerk of the Circuit Court or the Federal Court depending on the jurisdiction for the Tampa wrongful death lawsuit or wrongful death lawsuit elsewhere in Florida. Put another way, just calling a Tampa wrongful death attorney the day before the statute of limitations expires is not the same as physically filing with the Court. That being said, if you have procrastinated speaking to a Tampa wrongful death attorney, you are not alone. A lot of good people out there lose a loved one to someone else’s negligent act and delay speaking to a Tampa wrongful death lawyer about their rights. There are many reasons why families delay calling a Tampa wrongful death attorney; every family must heal in its own way. But, just because you have delayed calling a Florida wrongful death lawyer and you’re running out of time on the two year Florida wrongful death statute of limitations, does not mean it’s too late. It is not as uncommon as you would think for a Tampa wrongful death attorney to get a call a week before, or even a day before the Florida wrongful death statute of limitations expires. If the Tampa wrongful death lawyer is as committed to getting it done for their clients as Santini Law is, then they will find a way to get your case filed before Florida wrongful death statute of limitations expires.
THERE ARE ALMOST NO EXCEPTIONS TO THIS TWO (2) YEAR TIME LIMIT CALLED THE “STATUTE OF LIMITATIONS” TO FILE A FLORIDA WRONGFUL DEATH LAWSUIT. YOU MUST FILE A FLORIDA WRONGFUL DEATH LAWSUIT WITHIN TWO (2) YEARS OF THE DATE OF DEATH.
There is a big difference between procrastinating until nearlythe end of the two-year Florida wrongful death statute of limitations and waiting until after the expiration of the two-year Florida wrongful death statute of limitations. Please do not be overly optimistic and count on your Florida wrongful death action falling into an exception that would allow you to file after the two-year Florida wrongful death statute of limitations. It is extremely rare for a Court to allow a plaintiff to prosecute a Florida wrongful death lawsuit after the expiration of the Florida wrongful death statute of limitations. For example, there is an exception to the Florida wrongful death statute of limitations known as the “Jeffrey Klee Memorial Act.” This exception to the Florida wrongful death statute of limitations was passed by the Florida Legislature in 2010 via Senate Bill SB92 and House Bill HB1. Because of the Jeffrey Klee Memorial Act, Florida wrongful deaths that are caused by intentional murder (homicide) have no statute of limitations. In other words, understanding that homicide investigations often last years before the perpetrator is identified, the Florida legislature has removed the time limit for the families of murder victims to sue the murderer for wrongful death.
Tampa Wrongful Death Law Firm Santini Law is Tampa’s REAL Wrongful Death Law Firm. We don’t just fight for our clients, we are strikingly intense and demand justice for our wrongful death clients. If you have a Tampa wrongful death question, a Florida wrongful death statute of limitations question, or need to speak with a Tampa wrongful death attorney, call Santini Law today.