Statute of Limitations – How Much Time Do I have to Sue for Florida Wrongful Death Claims and Lawsuits Arising Out of a Car Accident?

Statute of Limitations_Florida Wrongful Death_fightsforyou.netUnfortunately, in the many accidents that occur every day in South Florida, whether it is a Miami Florida car accident, truck accident, boating accident, motorcycle accident, bicycle accident or pedestrian accident, people are killed or fatalities occur. When that happens, the case is converted to a Florida wrongful death claim as opposed to a survivor claim where one sustains serious or minor injuries but lives. When one is killed in a Naples, Florida car accident, a question always asked of a Hialeah Florida injury lawyer is how long do I have to file a wrongful death lawsuit or claim against the negligent or at fault party. This time period is called the Statute of Limitations or “time to sue.”

For Florida wrongful death claims and lawsuits, the statute of limitation periods applicable to these cases is governed by Florida Statute § 95.11(4)(d). According to this statute, the Florida Statute of Limitations period applicable to Florida wrongful death claims is two years from the date of death. Again, it does not matter what type of accident this is, whether a construction site accident involving scaffolding or a crane, pleasure boating accident involving personal watercraft, slip trip and fall accident, food poisoning accident or a pedestrian hit by a car on a sidewalk. However, according to Florida Statute § 95.11(10), the Florida Statute of Limitations for wrongful death claims arising out of intentional torts such as murder or manslaughter, can be brought at any time. For an extensive discussion on Florida Statutes of Limitations and their Affect on Florida Personal Injury Accidents and Cases, see my prior article.

Moral of the Story: if you are injured and a fatality (ie., wrongful death) occurs due to a Miami Florida automobile accident, whether you are a pedestrian hit by a motorcycle, a construction site worker that falls off a roof, a driver or passenger injured in a motorcycle accident, whether it happens in Tampa, Lehigh Acres, Venice, Sebring, Marco Island, Sanibel Island, Rotunda, Punta Gorda, Port Charlotte, Northport, Moore Haven, Lee County, Arcadia, Ave Maria, Avon Park, Bonita Springs, Cape Coral, Charlotte County, Clewiston, Collier County, DeSoto County, Lake Placid, Labelle, Immokalee, Kendale Lakes, The Hammocks, Miami Beach, Hialeah, West Kendall, Homestead, the Florida Keys, Englewood, Highlands County, Florida City, Hendry County, Miami Shores, Glades County, Fort Myers Beach, Miami Lakes, Everglades City, Key West or another area within Miami, Fort Lauderdale or Palm Beach, or anywhere in Miami-Dade, Broward, Palm Beach or Monroe Counties, know that the Florida Statute of Limitations applicable to your Homestead accident claim or Hialeah injury lawsuit, is important to know as a claim can be barred if the Florida Statute of Limitations expires, to which this may require the retention of a Miami Florida accident lawyer or a Miami Beach injury attorney, given the many complexities involved when analyzing Florida’s statute of limitations (SOL) applicable to the various Florida wrongful death accident claims referenced above.

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