When to File a Wrongful Death Lawsuit in Florida

Compassionate Attorneys Serving Families of Wrongful Death Victims in the Southern Region

After a fatal accident, it is important to respect and honor your loved one. You also need to take care of yourself, both emotionally and financially. One critical step toward both of these ends is to hold the responsible party accountable through a claim for wrongful death.

In previous articles, we covered who can file a wrongful death claim and what to expect after you file a wrongful death claim. Here, we discuss the topic of when is the right time to seek rightful compensation for a loved one’s death.

When to File a Wrongful Death Claim: Types of Accidents

If you are wondering whether you can file a claim for wrongful death, the best thing that you can do is speak with an attorney. You are entitled to a free consultation, and an experienced attorney will be able to provide an initial assessment of your rights and advise you on whether it makes sense to conduct an investigation. Generally speaking, the following are all common types of accidents for which wrongful death compensation may be available:

• Bicycle and pedestrian accidents
• Boating accidents
• Car and motorcycle accidents
• Commercial truck accidents
• Falls and other accidents resulting from dangerous premises
• Pool accidents and drownings

When to File a Wrongful Death Claim: Common Causes

In order to recover compensation for your loved one’s wrongful death, your attorney will need to be able to demonstrate that someone else (or a company) is legally responsible for his or her tragic passing. There are far too many examples of fault to provide a comprehensive list, but some of the most common examples of fault in wrongful death claims include the following:

• Distracted driving (including texting behind the wheel)
• Drunk driving
• Failure to observe the rules of the road (such as speeding, tailgating, or running a red light)
• Failure to maintain premises in a reasonably safe condition
• Falling asleep behind the wheel
• Lack of driving experience for commercial truck drivers

When to File a Wrongful Death Claim: Statute of Limitations

Like all states, Florida has a “statute of limitations” which places an outer boundary on the amount of time that you have to file a claim for wrongful death. If you wait too long to file your claim and the statute of limitations expires, you could lose your rights entirely.

Florida’s statute of limitations for wrongful death claims, typically, is two years from the date of the fatal accident.

When to File a Wrongful Death Claim: Practical Considerations

While you may technically have two years to file your claim, if you believe that someone else may be responsible for your loved one’s death, it is important that you take action promptly. As we mentioned above, in order to pursue a claim, your attorney will need to conduct an investigation. The sooner you take action, the better the chance that key evidence will still be available. While delaying will not necessarily harm your claim (unless you wait past the statute of limitations), acting now will give you the best chance to secure maximum compensation as quickly as possible.

Call Me, Brian D. Guralnick, Personally for a Free Consultation

If you have lost a loved one in an accident in Florida, I encourage you to Brian D. Guralnick Injury Lawyers for a free, no-obligation consultation. To speak with me personally your claim and receive VIP treatment from our entire team of professional members, call today at 561-202-6673.

Disclaimer: The information in this blog is not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. If you need advice on specific legal issues, please consult with a licensed Personal Injury attorney.