Statute of Limitations for Wrongful Death Lawsuits in Florida
Posted By Givens Givens Sparks || Oct 22, 2015
Wrongful death cases can be overwhelming and heartbreaking when you realize that because of someone’s negligence or carelessness, your loved one is gone. But there are avenues to gain restitution. For those who have lost a loved one due to someone else’s mistake or wrongdoing, they can file wrongful death cases. However, there are statutes of limitations when it comes to lawsuits.
Florida’s Statute of Limitation
According to Florida law, a surviving spouse, child, or parent has two years from the time of the accident in which to file a wrongful death claim. For example, if your loved one passed away on February 13, 2011, you have until February 13, 2013 to file your claim.
There is a time limit on filing for wrongful death cases because:
- Evidence, witness testimonials, and recollection of dates fade with time
- It offers surviving family a sense of closure
- It keeps the legal system from getting cluttered with old claims
It is important to file wrongful death cases promptly while the evidence is still fresh. This offers the family an avenue to seek justice. Once the statute runs out, it is almost impossible to receive reparations for your loss.
The Jeffrey Klee Memorial Act
There is one exception to Florida’s strict statute of limitations on wrongful death cases. That is because of the Jeffrey Klee case. In 1977, 18-year-old Klee went missing. His body was found in 2008. The police officers were able to get a confession from the killer. However, because the statute of limitations had expired, there was nothing the family could do legally.
Because of this incident, the House and Senate passed the Jeffrey Klee Memorial Act which states that there are no statutes of limitation in wrongful death cases caused by homicides.
If you have lost someone because of negligence or carelessness, contact our Florida wrongful death lawyers. We can help review your case and inform you of your legal rights. Don’t let your loved one’s death be in vain. Call us today.