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Home » Blog » Statute of limitations can toll wrongful death claim

Statute of limitations can toll wrongful death claim

After a fatal accident or incident, it can be a challenge for a Florida family to say goodbye to their deceased loved one and begin to move forward with their lives. They may not wish to linger on the facts and issues surrounding the death, so that they may find the time to heal from their suffering. However, as individuals work toward finding peace after the death of a loved one at the hands of a negligent party, the time during which they may pursue a wrongful death claim begins to toll.

In Florida, family members of a deceased victim have four years to file a wrongful death claim. If a family files a claim within this window, they may pursue their rights to compensation for their losses from the party or parties that caused their loved one to die. If, though, they do not file the necessary pleading within this period, they may lose their opportunity to engage in wrongful death proceedings.

Securing compensation through wrongful death damages can be incredibly important to the financial stability of a family that has lost a critical member. Not only can wrongful death damages include the medical, funeral and burial expenses associated with the victim’s care and final arrangements, but also damages based on the survivors’ pain and suffering, loss of companionship, loss of instruction and guidance and other damages.

It can take years for a family to find balance after losing a loved one in a tragic accident. But, families do not have many years in which to pursue wrongful death claims after their loved ones perish. In Florida, a wrongful death claim is ripe for four years and after which survivors may lose the opportunity to seek their civil damages in court.