How Long Do I Have to File a Wrongful Death Lawsuit?

Miami & Ft. Lauderdale, Florida

In a wrongful death lawsuit, you only have two years to file a claim. This time limit cannot be extended by what is known as the delayed discovery rule. The Florida Supreme Court has decided that the delayed discovery rule does not apply to wrongful death cases. Delayed discovery allows you to file a personal injury lawsuit two years from the date that you discovered or reasonably should have discovered that your injury was caused by the negligence of another person. This rule is explicitly applied to product liability cases and medical malpractice in Florida, but in many states is applied to many types of personal injury, including medical malpractice and wrongful death. However, the Florida statute is written so that the delayed discovery rule is explicitly tied to product liability. According to the Florida Supreme Court, this means that it only applies in product liability cases, not other types of personal injury. This means that, no matter when you discover that your loved one’s death may be due to the negligence of another person, you only have two years from the date of death to file a lawsuit claims made after that time are barred. If your loved one has died and you suspect that someone else’s negligence may be to blame, you should speak to a personal injury lawyer as soon as possible to ensure you are able to recover damages related. For a free case evaluation, please contact The Cochran Firm South Florida, located in Miami.