Florida Wrongful Death Statute of Limitations Protecting Your Rights Throughout Florida

The Statute of Limitations for Wrongful Death Claims in Florida

Florida Statutes § 95.11 concerns the limitations of claims brought for wrongful death. Under the law, in an action for wrongful death caused by negligence, the Personal Representative of the deceased's estate must file a lawsuit against the responsible parties within less than 2 years from the date of the death. However, the statute of limitations can be extended by the agreement of the parties.

Failing to comply with the statutes of limitations can result in the Court dismissing your case.

After the Personal Representative files the lawsuit, the defendants must be served with a copy of the summons and complaint within 120 days. Upon a showing of good cause, the Court may extend the time to serve the defendants.

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we help our clients seek justice after losing a loved one because of someone else's negligence. Our Miami attorneys act swiftly and efficiently to ensure that our clients' wrongful death claims are timely filed and their right to pursue compensation is preserved.

Contactusat (305) 638-4143 to discuss your case and filing timeframes.

Special Considerations for Medical Malpractice Wrongful Death Cases

If the case involves wrongful death caused by medical malpractice, the statute of limitations may be extended for a period of 90 days. The request for an automatic extension must be filed with the clerk of the Court in the circuit where the action should be brought.

Performing a statute of limitations analysis in medical malpractice cases can be difficult and may require a detailed review of the facts. Several exceptions to the statute of limitations in medical malpractice cases exist.

If you are considering pursuing a wrongful death case for medical malpractice, do not rely on information obtained online to guide your decision. Contact an experienced medical malpractice attorney to discuss your situation and determine when the statute of limitations will run.

Schedule a Free Consultation with Our Firm

Seeking compensation after the wrongful death of a loved one can be challenging. Much must be considered quickly. Failing to act timely can cause you to lose the opportunity to pursue justice on behalf of your loved one. Our Miami team is ready to get started on your case and work diligently to protect your rights.

Learn more about how Flanagan & Bodenheimer Injury and Wrongful Death Law Firm can help by calling us at (305) 638-4143 or submitting an online contact formtoday.

Flanagan & BodenheimeR

When It CountsTM
  • When It Counts™

    An injury can turn your life upside down. When it matters most to you, it matters most to us. Trust our team of dedicated attorneys to effectively and efficiently advocate on your behalf.

  • Dedicated Counsel

    Our skilled attorneys take the time to meet with you one on one to understand your case and your goals. Unlike others we don't just care about your compensation, we care about your recovery.

  • Transparency Throughout

    Our team understands that you are going through something difficult and we have made it our mission to walk alongside you and provide you with all of your legal options.

  • Innovative Strategies

    When you work with our team, you have a dedicated group of attorneys all motivated to help you win. At our firm we believe each case is unique, and thus deserves a unique legal plan.

    From day one, Zachary worked my case with diligence, professionalism & compassion.

    “When faced with the repercussions of a personal injury, choosing the right lawyer for the work ahead is absolutely imperative. When this daunting task fell upon me following a motor vehicle accident, ...”

    - Josh N.
    It is because of your help that I am in a better position now than I was before.

    “I felt always that you had my best interests at heart and looked out for me. Thank you team you have changed my life and I think of you with gratitude.”

    - A.S.
    I cannot recommend them enough!

    “They have been attentive, knowledgeable, and personally invested in our case. Having them on our side has put us at ease in this very difficult time. Thank you guys so much!”

    - David G.
    He will definitely fight for your cause.

    “Mike is an incredible attorney and is very knowledgeable, hard-working, and caring. He will definitely fight for your cause and will keep you in the loop while doing so!”

    - Esther A.
    He took the reins and made everything so easy for me.

    “As a personal injury lawyer, he is one of the most intelligent, caring, and committed professionals I have ever had the pleasure of working with. Zach personally guided me every step of the way, through insurance companies, doctors, etc.”

    - Lisa C.

When it counTsTM

Make the Right Choice
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.