What is the statute of limitations for a wrongful death action?

On behalf of Eisenmenger, Robinson & Peters, P.A. posted in Wrongful Death on Wednesday, June 17, 2015.

In a perfect world, negligence would never happen. All people would consider the safety and care of others when they chose to act, and everyone would take the proper precautions to proactively prevent and avoid harm. Unfortunately, Brevard residents know this utopia does not exist. A cursory review of the evening news demonstrates with definitive clarity the fact that dangerous and preventable things happen each and every day.

When a crime, negligence, or recklessness inflicts loss and suffering on innocent parties, the legal system provides those victims with opportunities to seek compensation for what has been taken from them. Whether it is lost money, damaged property, personal injury, the loss of a loved one or other forms of loss, civil lawsuits give victims the opportunities to become whole after their ordeals. Victims should know, however, that they do not always have unlimited time to pursue their damages.

Many legal claims are subject to statutes of limitation. A statute of limitations dictates how much time a person has to bring a lawsuit against a responsible party. Most Florida personal injury actions have two-year statutes of limitation; individuals with specific questions regarding if their claims are past the point of litigating may consult with their own legal counsel.

Included in the two-year statute of limitations period are claims based on wrongful death. A wrongful death claim arises when a person loses a relative due to the negligence or recklessness of another person. There are requirements on who may file a wrongful death claim, and generally such claims must be filed within two years of when the harm was perpetrated.

In a world where individuals always owned up to their mistakes and put other people’s needs ahead of their own, a legal system like ours may not be necessary. Unfortunately, litigation is needed by many victims to get back what was taken from them by others irresponsibility. When choosing to initiate a lawsuit, individuals should be mindful of the statutes of limitation that apply to the claims and when their matters may be too late to argue.