Innocent lives are lost every year, in Florida and the U.S., in motor vehicle accidents, motorcycle accidents, workplace accidents, as a result of medical malpractice, in accidental shootings or on an unsafe property. If one of these settings describes your family’s tragic situation, or if wrongful death was caused by drowning, a boating or cruise ship accident, a train crash or airplane crash, or due to negligent security our dedicated attorneys can help.
Certain states have statutes stipulating that the right to bring a lawsuit in the event of wrongful death is “fundamental”, meaning, a right and not a privilege to the family of the victim and would begin at the time of death. Florida, however, is not one of those states. Our Board Certified attorneys are well versed in the statutes within the state of Florida and we welcome any questions our clients have.
Wrongful death is known to attorneys as a “derivative action”; the action arises due to a personal injury event that takes place alongside the death. In some instances, the derivative action may be time sensitive. This may occur because the deceased did not bring a personal injury action in accordance to the statute of limitations in the state in which he or she resided prior to death. Furthermore, this stance can be applied because the decedent failed to bring a personal injury claim or exceeded the statute of limitations when they attempted to do so.
Each state differs on their statute of limitations regarding personal injury, but there are inherent differences between the statute of limitations surrounding personal injury and the statute of limitations surrounding a wrongful death. The state of Florida has clearly defined their statute of limitations in regard to wrongful death on their website.