Grief does not run on a schedule, but Florida’s law does. If you are considering a Florida wrongful death claim, timing plays a crucial role in determining what is possible. The clock can run fast, and different rules apply depending on how the death happened and who may be responsible.
Urgency matters because evidence deteriorates over time, and legal deadlines are strict. A Florida wrongful death lawyer with Fenstersheib Law Group, P.A. will map deadlines on day one, preserve records, and keep the case on pace so time does not undercut proof. Our team is waiting to hear from you so we can get to work on your case.
Florida’s general rule gives two years from the date of death to file a wrongful death lawsuit. That deadline sits in Florida’s limitations statute and applies to most cases. Medical-related deaths follow the same two-year outside limit, but Florida’s medical negligence statute adds discovery and repose rules. In plain terms, the filing window can hinge on when the injury became known, while a separate four-year cut-off can bar late claims in most situations.
Claims against state agencies or subdivisions carry extra steps. Before suing, families must present written notice to the Department of Financial Services within two years of the date of the passing, and the agency has a short review window. That review period pauses the statute of limitations for wrongful death while the agency decides.
Only a court-appointed personal representative files the case for the survivors and the estate, which means that probate and civil timelines often move in tandem. An attorney will organize these moving parts, track the interplay between probate and civil courts, and file in the right forum at the right time.
Again, the clock typically starts on wrongful death claims when the death occurs. However, Florida law carves out a notable exception. If the suit targets a person for intentional homicide or manslaughter, there is no time limit to bring that civil wrongful death action.
Healthcare-related deaths add front-end requirements. Florida law requires a pre-suit investigation in medical negligence cases, and that front-end work shapes timing. Families who face hospital or provider claims should plan around those steps early.
A lawyer will anticipate pauses that help the family (such as governmental review tolling) and hurdles that shorten the runway. They will then sequence notices and filings so the calendar works for you rather than against you.
To recover, families must show duty, breach, causation, and losses. Your attorney will create a timeline using source materials, including medical charts, coroner findings, maintenance records, safety manuals, and digital footprints. That timeline ties conduct to outcome and clarifies which defendants are held legally responsible.
A legal professional will also connect the statute rules to the proof. For example, if a government agency is involved in the chain, the case plan will include the required written notice. A lawyer will utilize the agency’s review period to gather further documentation while the limitations clock is paused. In hospital cases, the plan will account for medical-negligence pre-suit tasks while preserving the two-year filing window.
Deadlines are real, but timing alone does not guarantee a win in a case. Evidence quality decides value. Your attorney will move fast to collect and authenticate records, secure sworn statements, and work with qualified consultants when technical questions arise, so causation is clear.
Florida law sets firm guardrails around when a wrongful-death claim may proceed, yet the right plan can use those guardrails to your advantage. If you are weighing a Florida wrongful death claim, Fenstersheib Law Group, P.A. legal professionals can help you put that plan together. Schedule your free case evaluation by using our online form or calling 833-835-5354.
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