Read Blog
related attorneys
Related practice area
There is no greater pain than suffering the loss of a loved one. Somehow, the agony is even more intense when the death was caused by the negligent or intentional actions of another party.
Each of us reacts differently to the pain of loss, and some of us will take longer than others will to seek redress for what has occurred. Regardless, it’s important to familiarize yourself with your rights as quickly as possible.
Our wrongful death lawyers help you navigate the complexities of your legal case. Call us today at 888-554-2030.
In this post, we’ll discuss the “statute of limitations” in a wrongful death claim. This legal concept could keep you from receiving what you deserve in the wake of a loss unless you take action within a certain time frame. Let’s cover the basics.
What is Wrongful Death?
In the law, the phrase “wrongful death,” is a term of art. In other words, it has a particular meaning with legal weight. According to Cornell University’s Legal Information Institute, wrongful death is defined as: “a civil cause of action brought by family members and dependents against individuals who knowingly or negligently cause the death of another person.”
What Types of Damages are Available in Wrongful Death Lawsuits?
There are two main types of damages associated with wrongful death lawsuits: economic and non-economic damages. “Damages” are a type of remedy in the form of a monetary award paid to an individual who brings a successful lawsuit.
Economic Damages: in a wrongful death claim, economic damages refer to money awarded for quantifiable losses. Examples of potential reasons for economic damage awards include but are not necessarily limited to medical expenses, funeral costs, lost wages, and the financial contributions that the deceased would have provided to their family.
Non-Economic Damages: in a wrongful death claim, non-economic damages can seek to encompass the intangible loss that a loved one suffers from the death. Examples of potential reasons for non-economic damage awards can include mental and emotional anguish and loss of companionship.
What Is the Statute of Limitations on a Wrongful Death Lawsuit?
The statute of limitations in a wrongful death lawsuit refers to the period of time in which an individual may bring a case against a party they believe is responsible, whether through intent or negligence, for their loved one’s death. Statutes of limitations vary from state to state, even for the same civil action.
When do I have to file the wrongful death lawsuit?
Florida Statute 95.11 (4)(d) sets the statute of limitations for wrongful death causes of action at two years from the date of the death. This means that, unless the law provides for an exception, individuals have only two calendar years from the date their loved one passed in which to file a claim with the court.
Exceptions to Statute of Limitations on a Wrongful Death Suit
There are many exceptions to the two-year statute of limitations prescribed by Florida Statute 95.11(4)(d). For example, you may have more time in which to file a claim for wrongful death if any of the following apply:
- Your loved one passed due to the intentional act of another party,
- Your loved one passed due to murder or manslaughter,
- Your loved one passed as a result of medical malpractice,
- The party that may be responsible for your loved one’s death was or was affiliated with the state government.
Even if you think the statute of limitations may have passed on your claim, you should review your case with experienced wrongful death attorneys in case you meet an exception.
What is the classification of a wrongful death case?
A wrongful death case is a civil cause of action. This means that wrongful death cases will be handled in civil, rather than criminal court. Even though the party against which a wrongful death case is brought may be facing criminal charges related to the same events, the wrongful death cause of action is a separate case.
Even if a party is not found guilty of the criminal charges against them related to a death, they may still be found liable under a wrongful death cause of action related to the same circumstances. This distinction is due to the varying standards of proof associated with civil and criminal cases.
What are the basics of the wrongful death lawsuit?
The specifics of a wrongful death lawsuit will vary greatly depending on the unique circumstances of each unfortunate event. But overall, there are some basics you should be aware of. Here are a few:
- You can bring a wrongful death claim against a company. The party responsible for your loved one’s death may not be an individual. It may also be an entity, such as a business or other organization.
- Wrongful death and personal injury claims are not the same. Wrongful death claims are different from personal injury claims. In a wrongful death suit, the loved one of a victim may recover damages.
- Wrongful death suits involve a lower burden of proof than criminal charges. It is not uncommon for a party to be acquitted of criminal charges related to a death and yet be found liable in a wrongful death lawsuit. This is due to the varying burdens of proof required to charge parties in a case; the burden is harder for a prosecutor to meet in a criminal case than for a plaintiff’s attorney to meet in a civil case.
- Negligent versus intentional wrongful death claims: There are many different instances that can lead to a wrongful death claim. These include situations involving ill intent, such as murder or manslaughter. They may also include situations involving negligence, such as car accidents, defective products, slips and falls, animal attacks, and construction accidents.
Who may file the wrongful death lawsuit?
The answer to the question “who may file the wrongful death lawsuit” varies from state to state. In Florida, there is only one person who can file a wrongful death lawsuit, but there are many more people who can collect damages (remedies in the form of monetary awards) in a wrongful death claim.
In Florida, the personal representative of the deceased person’s estate is the only individual who may legally file a wrongful death claim. If this entity was not chosen during the deceased individual’s lifetime, they will be appointed after death.
The individuals who can collect damages in a wrongful death claim are known as beneficiaries. Under Florida Statute 768.21, beneficiaries include the deceased individual’s
- Spouse
- Children
- Parents
- Dependent family members
What is the difference between a wrongful death claim and an estate claim?
Wrongful death claims and estate claims are slightly different, and an experienced attorney can help you determine which you should pursue. In a wrongful death claim, compensation is sought for the economic and non-economic damages suffered due to the death of a loved one, including those damages we discussed above.
In an estate claim, however, the estate of the deceased individual seeks damages that would have been owed to the individual had they not passed. This may include medical expenses and funeral costs.
Where to Turn to for Help with your Wrongful Death Claim:
If you have experienced the loss of a loved one, we offer our sincere condolences. At The Ferraro Law Firm, we’re focused on helping you work through the legalities of your circumstances. We’ll fight to ensure you receive the damages you’re entitled to, even in the worst of situations.
To schedule your free consultation, call 888-554-2030 or fill out our free case consultation form and a member of our team will soon be in touch.
Frequently Asked Questions
Frequently Asked Questions
01.
Who can file a wrongful death case in Florida and beyond?
02.
How long do I have to file a wrongful death lawsuit?
The statute of limitations is the time limit for filing a wrongful death lawsuit, which varies by state. In most cases, surviving family members have two to four years from the date of death to file a case, though some jurisdictions may have different deadlines. In Florida, the statute of limitations for a wrongful death case is two years from the date of death. These timelines are strictly enforced, so it’s important to consult a wrongful death lawyer as soon as possible to protect your right to seek compensation.
03.
What types of damages can be recovered in a wrongful death suit?
Wrongful death damages typically cover the financial, emotional, and personal losses experienced by surviving family members. These may include medical bills incurred before death, funeral and burial costs, lost wages and benefits the deceased would have contributed, and non-economic damages for the loss of companionship, guidance, and emotional support. In cases of gross negligence or particularly harmful behavior, punitive damages may also be awarded to hold the defendant accountable.
04.
How do I prove wrongful death and establish liability?
To prove wrongful death, the plaintiff must show that the defendant owed a duty of care to the deceased person, that the defendant breached this duty through negligence or a negligent act, and that this breach directly caused the death that occurred. Evidence might include witness statements, expert testimony, safety reports, medical records, and documentation showing how the defendant’s actions deviated from a reasonable standard of care.
05.
Will my wrongful death action settle or go to trial?
Most wrongful death cases are settled out of court, giving families financial compensation faster and avoiding the stress of a trial. These settlements usually come from negotiations with the defendant’s insurance company. If a fair settlement isn’t reached, the case can go to trial in civil court.
06.
Can Ferraro Law handle my case if I live outside of Florida?
Absolutely. Our wrongful death attorneys have experience handling cases both in Florida and across the country. We carefully evaluate the relevant state laws to ensure the appropriate party files the case. This approach safeguards the rights of all eligible family members and beneficiaries, helping them pursue justice and financial compensation for their loved one’s preventable death.
have more questions?
Featured Articles
our attorneys
Client Experiences
When individuals and families face the challenges of mesothelioma and asbestos exposure—coping with complex treatments, escalating costs, and emotional strain—they turn to Ferraro Law for clarity, guidance, and steadfast support. Through meticulous case preparation, empathetic counsel, and strategic representation, our attorneys build compelling cases that secure meaningful settlements to cover medical expenses, provide financial relief, and offer a path toward stability during difficult times.
Working with Daniel J. Di Matteo, Attorney and Partner at The Ferraro Law Firm was and is a life-changing forever experience. He is committed to a level of professionalism and attention to detail that is at the 100th percentile. Daniel handled everything with calmness, sensitivity and support that I needed through this difficult time. He always protected me and had my best interests. I am completely satisfied with the results.
If you need an attorney that operates at the highest level, that attorney is Daniel J. Di Matteo.
Harvey W.
Ferraro Law is wonderful and I am forever grateful to them. My attorney Daniel Di Matteo fought like a tiger for me against a multibillion dollar corporation and obtained a substantial settlement for me. This settlement is life changing for me. If you need an attorney call Ferraro Law and if you’re lucky Daniel will take your case.
Florence T.
Not too long ago I picked up the phone and called the Ferraro Law Firm not quite knowing what to expect. From the moment I reached out, the team made me feel heard and taken care of — not just like another case walking through the door.
Nikki Hurtado was my first primary contact. After speaking with her I knew that I had picked the right firm. She walked me through the process in plain understandable language. Even after numerous calls, she never made me feel like I was asking too many questions, and I always felt confident that my case was in expert hands.
My litigator was Daniel Di Matteo. If there was ever anyone that you would want by your side in a court of law, it would be him. He was everything that you would want in an attorney—calm, cool, always prepared, communicative and most importantly–experienced. He knew everything that was going to happen before it occurred but was prepared for any contingency. He is a fantastic attorney.
What really set them apart was their communication. I was kept informed at every stage — no chasing down updates, no wondering what was happening with my case. Calls and emails were returned promptly, and they proactively reached out whenever there was a development.
The professionalism of the entire team — from the attorneys to the support staff — was exceptional. Everyone I interacted with was kind, compassionate, and genuinely invested in my well-being, not just the outcome of my case.
And the outcome? Better than I could have hoped for. They fought hard on my behalf and secured a result that truly reflected the impact this injury had on my life.
You could ask for no better firm or attorney.
Keeth K.
Working with my attorney, Daniel J. Di Matteo was an exceptional experience from start to finish. His level of professionalism, attention to detail, and strategic thinking set him apart immediately. Every step of the process was handled with precision and clarity, and I always felt informed and confident in the decisions being made.
What truly stood out was his ability to navigate complex situations with confidence and deliver results that exceeded my expectations. He was not only highly knowledgeable but also genuinely committed to protecting my best interests.
If you’re looking for an attorney who is sharp, responsive, and truly operates at a high level, I highly recommend him without any hesitation.
Ivan M.
Free Case Consultation
Our Trial and Appellate Attorneys Are Ready to Fight for You
If you were seriously injured, remember that it is crucial to choose the right law firm to represent your interests. We have been doing this for more than 40 years, and have the resources you need to challenge any opponent!
