What Is the Deadline for Florida Wrongful Death Car Crash Claims?
With nearly 43,000 car crash fatalities reported annually, grieving families may find themselves grappling with the difficult decision of whether to pursue a wrongful death claim. When negligence on the part of another party is the cause of the accident, family members may contemplate initiating a wrongful death lawsuit to secure financial compensation. Beyond financial compensation, those who have lost a loved one due to the negligence of another driver may file a claim to seek justice, to hold the at-fault individuals accountable, and to potentially deter future fatal incidents from happening to others.
In the context of Florida, the crucial question in these cases revolves around the timeframe within which a relative must file a lawsuit following a fatality. Termed the Florida wrongful death statute of limitations, this time frame typically spans two years from the date of the individual’s death. This previously was a four-year statute of limitations that the Florida legislature reduced to two years in March of 2023.
What Comprises Wrongful Death?
Florida law recognizes wrongful death as a civil claim where surviving family members can seek compensation for the loss of a loved one due to another party’s negligence, recklessness, or intentional actions. This differs from criminal cases, which focus on punishing the perpetrator with fines or imprisonment. In wrongful death lawsuits, the goal is to hold the liable party financially accountable for the harm they caused by compensating the victim’s family or estate.
Beyond car accidents, common situations leading to wrongful death claims in Florida include:
- Medical malpractice: When medical professionals deviate from the standard of care, resulting in a patient’s death.
- Workplace accidents: When unsafe work environments or employer negligence lead to fatalities.
- Defective products: When faulty products cause death due to design, manufacturing, or marketing issues.
- Criminal acts: When violent crimes like homicide or assault result in loss of life.
An attorney specializing in Florida wrongful death law can provide specific advice regarding your situation, as each case is unique.
Causes of Wrongful Death in Car Accident Cases
Car accidents tragically and unfairly take lives, leaving families behind to cope with unimaginable loss. When these fatalities are a result of another party’s negligence, recklessness, or intentional actions, surviving family members may have legal grounds to pursue a wrongful death claim. Here are some common causes of wrongful death car accidents in Florida:
- Drunk driving: Operating a vehicle under the influence of alcohol or drugs significantly impairs judgment, reaction time, and coordination, creating a deadly risk to others.
- Drugged driving: Driving under the influence of prescription drugs, illegal drugs, or even over-the-counter medications can have similar debilitating effects.
- Texting and driving: Using a phone for texting, emailing, or social media while behind the wheel diverts attention away from the road, increasing the risk of accidents.
- Distracted driving: Eating, grooming, talking to passengers, or using navigation systems can all contribute to distracted driving and potentially fatal consequences.
- Speeding: Exceeding the speed limit reduces reaction time and increases the severity of any crash.
- Aggressive driving: Tailgating, cutting off other drivers, and running red lights are dangerous maneuvers that can end tragically.
- Ignoring traffic laws: Failing to yield, disobeying stop signs and traffic signals, and making illegal turns significantly increase the risk of collisions.
- Negligent vehicle maintenance: Failure to properly maintain brakes, tires, and other safety features can create dangerous scenarios on the road.
Wrongful Death Statute in Florida: Understanding Time Limits and Eligibility
Losing a loved one is devastating, and the prospect of navigating legal intricacies in such a vulnerable time can feel overwhelming. However, understanding Florida’s wrongful death statute is crucial for seeking justice and potential compensation. Here’s a breakdown focusing on Florida’s specific regulations.
Why Time Limits Exist
While it may seem harsh to limit the timeframe for legal action, Florida’s two-year statute of limitations for wrongful death claims (Fla. Stat. § 95.11(4)(d)) plays a vital role in the legal system’s efficacy. Here are a few of the ways time limits can be of service to you.
Preserving Evidence: Timely action helps secure crucial evidence like accident scene photos, witness testimonies, and medical records before they fade or become unavailable.
Fairness and Certainty: It instills legal certainty for both parties, preventing the constant threat of lawsuits arising years after an incident. This provides closure and allows individuals and institutions to move forward with their lives.
Efficient Court Docket: Florida courts manage heavy caseloads. Time limits ensure cases are filed promptly, contributing to smoother and more efficient judicial proceedings.
Who Can File a Wrongful Death Claim in Florida
Florida law dictates who can pursue a wrongful death claim. The state limits those who can file.
Surviving Spouses – The legal spouse of the deceased has the primary right to file.
Children – If the deceased wasn’t married or the spouse doesn’t file, surviving children collectively have the right.
Parents – In the absence of a spouse or children, the deceased’s parents can file.
Estate – If there are no surviving spouses, children, or parents, the deceased’s estate may have the right to pursue a claim through a personal representative.
Contact the Law Offices of Marc L. Shapiro, Experienced Florida Wrongful Death Attorneys
The two-year statute of limitations for wrongful death claims in Florida has some notable exceptions for instances in which the person who caused the death is also facing criminal prosecution or the party at fault is a government employee or entity. It is important to seek the advice of an attorney to determine the proper path to move forward.
If you have a family member who’s been seriously injured or killed in a car accident, attorneys at the Law Offices of Marc L. Shapiro can provide the necessary support to help you seek justice. You can reach us online or call us on 1-239-500-5000.
