How Long Do I Have to File a Wrongful Death Suit in Florida?
Losing a loved one is always devastating, but the grief can be especially overwhelming if the death was totally preventable. Sadly, that’s the reality hundreds of thousands of families must face every year. Accidental injuries remain a leading cause of death in this country, and they’re typically the leading cause of death for those between the ages of 1 and 44.
If someone you love died because another party was being reckless or negligent, taking legal action is probably at the bottom of your to-do list. Should your family have grounds for a claim, though, it’s wise to act sooner rather than later.
Building a strong case is a lot of work, and chances are the most valuable evidence is time-sensitive. What’s more, if the carrier disputes liability, refuses to recognize the damages, or challenges your credibility, arriving at a satisfactory settlement could prove impossible. Should that end up being the case, your family may have no choice but to file a formal lawsuit, and in the state of Florida, there’s only a small window of time for doing so.
The typical statute of limitations for wrongful death actions is two years. That means grieving families must usually proceed to court within two years of their loved one’s death. If they wait any longer, they risk their case being dismissed, thereby losing any legal recourse.
It’s important to keep in mind, however, that there are a couple of exceptions to this deadline. In some circumstances, the timeline is extended, while in others, it’s shortened considerably.
The easiest way to determine precisely how long your family has to bring a suit is by consulting an attorney. A knowledgeable professional will evaluate the situation from all angles to determine whether any exceptions apply and, if so, how they might impact the time allotted for taking action.
How Can I Keep My Wrongful Death Claim out of Court?
If you’re wary of filing a claim because you have enough to worry about without having to navigate complex legal proceedings, you’re not alone. A lot of families are reluctant to take action in the wake of a loss, even if they have valid grounds for doing so.
While there’s no way to guarantee your claim will result in a settlement so you can bypass going to court, there are steps you can take to increase the likelihood that the negotiations are successful. Some of the most effective strategies include:
- Documenting the damages you intend to claim diligently,
- Presenting compelling evidence of liability,
- Refraining from posting about the situation on social media, and
- Letting your legal team handle all correspondence with the insurance adjuster.
Discuss Your Claim with a Wrongful Death Attorney in Tampa
At Capaz Law Firm, P.A., we know how utterly devastating an unanticipated death can be. If someone in your family died by preventable means, let our compassionate team help you seek justice.
We’ll use all the resources at our disposal to investigate the circumstances surrounding the accident and use our findings to help you put together the strongest claim possible. To schedule a free case review with a wrongful death lawyer in Tampa, submit our Contact Form or call 813-551-3907.