What is the statute of limitations for filing a wrongful death claim?
A wrongful death claim in Florida needs to be brought within two years from the date of the death. It’s important to have a personal representative of the estate appointed. They are the only person that can bring a wrongful death claim. Now I will tell you, that can vary if the death was caused by medical negligence, then the two years statute of limitations starts running from the date of the negligence. So there may be medical negligence that occurs in January but the person didn’t die until March. January is your earlier date. So it’s very, very important, particularly in a wrongful death case, that you consult with an attorney and make sure that you’ve got that nailed and have the correct date. Because your claim will be barred if you don’t make those right decisions on time.