How Long Do Wrongful Death Lawsuits Last in Florida?
There is no timetable for how long it could take to prepare, file, and settle a wrongful death case in Florida. Many factors could affect how long it takes to navigate this process and possibly secure compensation for your family. There are reasons why delays could occur during each step of the process.
Working with a Florida wrongful death lawyer will ensure you do not settle for less than you deserve just to close the case sooner. We can protect your rights and fight for every dollar you and your family need. We provide free consultations to Floridians who recently lost a loved one to an accident.
How Long Does a Wrongful Death Lawsuit Take in Florida?
How long it takes to settle or litigate a Florida wrongful death lawsuit can vary. Some cases settle without going to court in only a few months, while others could drag out for a year or longer. The most complex cases could involve numerous pretrial motions, an extended discovery, a jury trial, and appeals. These cases could take years to finally resolve.
While there are some indications that a case might be more difficult to resolve than others, there is no way to know how long a case could take. This makes it challenging to answer this question for clients. What your attorney can do is explain the factors that could lead to delays in your case. These could include:
- How the injuries occurred and the evidence available
- Delays in the investigation, such as in obtaining official records
- Whether your case requires a lawsuit
- If there are questions of fact in your case
- Whether the liable party accepts responsibility
- How far apart the two sides are in settlement negotiations
- The overall complexity of the case
- If your family needs to go to court to name the personal representative
How Long Do I Have to File a Wrongful Death Lawsuit in Florida?
Sometimes, cases settle without a lawsuit. However, lawsuits are often necessary to resolve cases, even those that do not eventually go to trial. Filing a lawsuit can spur the defense to offer a better settlement agreement. They want to avoid dragging the case out and increasing costs by going to court, just like victims’ families do. No one involved wants a case to last a year or more without resolution.
If you need to file a complaint and sue the at-fault party for your loved one’s wrongful death, Fla. Stat. § 95.11 gives you up to two years from their date of death to get started. If you have not filed the complaint in the correct jurisdiction by this date, the judge is unlikely to allow the case to proceed. You will have lost your right to sue.
This does put a timeline on a Florida wrongful death case, at least to a point. You only have two years to investigate, prepare your argument, and try to settle the case before filing a lawsuit. However, many cases settle even after filing a lawsuit.
Therefore, this deadline only affects the timeline of the case if you miss it and lose the right to take the case to trial. This will make it difficult to recover fair compensation even through a settlement.
Who Can File a Florida Wrongful Death Claim on Behalf of Surviving Family Members?
Florida’s Wrongful Death Act only allows the decedent’s personal representative to file a lawsuit. This is the party named in the will or estate plan as the executor or administrator. If there is no will, the court will assign the task to someone, usually an immediate family member.
While the surviving spouse, adult children, or parents cannot file a wrongful death lawsuit, one of these parties is often named the personal representative and will serve as the plaintiff in the case.
However, it is possible that the personal representative is not an immediate family member and cannot receive compensation from the case.
What Are the Recoverable Damages in a Florida Wrongful Death Claim?
The recoverable damages in a wrongful death lawsuit depend on the losses you and your family suffered. This varies but could include the following economic and non-economic damages:
- Financial support previously provided by your loved one
- Services provided by your loved one
- Intangible support, companionship, and guidance provided to each family member
- Medical bills for care they needed before their death
- Funeral expenses and burial costs
- Pain and suffering
- Intangible losses endured by family members because of the loss
Sometimes, victims suffer catastrophic injuries and survive for several days or even weeks before passing away from their injuries or complications. This could greatly increase the payout because it will also need to cover their medical care they required before their death.
Who Gets the Payout After a Settlement or Litigation?
Under Fla. Stat. § 768.21, only certain surviving family members can benefit from the payout in a Florida wrongful death suit. This includes:
- The surviving spouse and/or minor children
- Adult children
- Parents
- Other family members or heirs who were financially dependent on the victim
What Should I Do If I Think My Family Has a Florida Wrongful Death Case?
If you believe your family has a wrongful death case, contact a Florida personal injury attorney quickly after your loved one’s death. Acting quickly ensures you protect your right to pursue and secure fair compensation for the losses your family experienced.
Gather all documents you have and ask family members to save receipts and other paperwork. The more evidence you have to support your claim against the party responsible, the better. Your attorney will help you develop a compelling argument for recovering fair compensation and getting justice.
Talk to Our Meldon Law Wrongful Death Team for Free
Meldon Law will review your Florida wrongful death case today for free. We provide complimentary case evaluations for families who lost a loved one in our service area. Our wrongful death attorneys are here to help during this most difficult time. Contact us now to get started.
