Statute of Limitations for Medical Malpractice Wrongful Death Claims in Florida (2024)

Choosing to pursue a medical malpractice wrongful death claim is a big decision and one you should consider making with the input of experienced legal counsel. A medical malpractice lawyer can help you work through the process of developing a case and provide you with guidance from beginning to end. In addition, they can help make sure you do not miss any crucial deadlines, such as the statute of limitations for medical malpractice wrongful death claims in Florida.

The Statute of Limitations for Medical Malpractice Wrongful Death Claims in Florida

According to Florida state law, the statute of limitations for a medical malpractice wrongful death claim in the state is two years. You have two years after the date of the victim’s death to begin filing a wrongful death claim and pursue damages from the liable party. If you fail to file within that time frame, your case may be thrown out unless the court allows you a rare exception.

The two-year window largely exists to prevent frivolous litigation and ensure that the party seeking damages is able to do so quickly and with little issue. Since evidence can get lost or deteriorate over time and witnesses’ memories can begin to fade, timely filing is most likely to result in a positive outcome.

Elements of a Wrongful Death Claim

It is important to understand the additional elements that need to be considered when pursuing a wrongful death claim in Florida, especially one that’s tied to medical malpractice. Florida has specific, complex medical malpractice laws that require a thorough investigation to prove negligence.

In addition to that investigation, there are important elements that must be considered in order to show that a wrongful death has occurred and someone is liable for it. Those elements include:

• Duty of Care: Evidence must be gathered that proves an existing duty of care was owed to the deceased by the defendant. You must be able to prove that the deceased would have likely pursued a personal injury case on their own against the liable parties had the accident in question not resulted in their death.
• Breach of Duty: You must be able to show that the defendant breached the agreed-upon duty of care and that the breach led to the wrongful death of the deceased. In a medical malpractice situation, that breach would likely include unethical or reckless behavior from a medical professional.
• Causation: By showing the breach of duty, you can also begin to show how that breach was the direct cause of the victim’s death. You may wish to use expert witnesses who can testify about the medical mistakes the defendant may have made while treating the deceased.
• Compensation: In a wrongful death lawsuit, you can pursue damages for many different economic and non-economic reasons, such as:
  • Medical Bills
  • Lost Wages
  • Loss of Companionship
  • Lost Retirement Benefits
  • Emotional Distress
  • Mental Anguish
  • Funeral Expenses
  • Loss of Financial Help
• Evidence: It will be next to impossible to prove a wrongful death medical malpractice claim without gathering evidence to support your claim. Your medical malpractice lawyer can help you with their own investigation into the incident. They may gather video footage, medical records, police reports, witness statements, and anything else that supports your case.

FAQs

Q: What Is the Wrongful Death Statute in Florida?

A: The wrongful death statute in Florida is Florida Statute 768.21, which allows the victim’s family to bring a wrongful death suit against the responsible party on behalf of the deceased. The statute details everything that the victim’s family can pursue in damages, including loss of companionship, pain and suffering, mental anguish, and funeral expenses. It also details who can pursue a claim, beginning with the surviving spouse and surviving children.

Q: What is the Florida Statute of Limitations for Medical Malpractice?

A: The statute of limitations in Florida for a medical malpractice case is two years. You have two years after the date that the initial malpractice occurred to begin filing a claim and pursuing compensatory damages for your situation. If you miss that two-year window, your claim will likely be thrown out, and your opportunity to pursue damages will have passed. In some cases, you may be allowed a four-year window, but only if your case contains an element of fraud.

Q: Is There a Cap on Wrongful Death Payouts in Florida?

A: No, there is no cap on how much you can pursue in total damages in a wrongful death suit in Florida. This allows families to collect an amount that can help them recover financially from their loved one’s death. However, there may be a limit on who among the family can receive wrongful death benefits, as the Florida statutes expressly state that only close relatives, such as spouses, children, and parents, can file a claim to pursue these benefits.

Q: What Is the Difference Between Wrongful Death and Medical Malpractice in Florida?

A: The main difference between wrongful death and medical malpractice in Florida is largely that not every wrongful death is the result of medical malpractice, and not every medical malpractice case will result in a wrongful death. The two are largely connected due to unfortunate circumstances when medical negligence causes enough harm to result in death. An experienced lawyer can help you decide whether to pursue a wrongful death claim or a medical malpractice claim.

Reach Out to a Medical Malpractice Wrongful Death Lawyer Today

If you intend to pursue damages for a medical malpractice wrongful death case, it is important that you understand when the statute of limitations will run out. You must file within the appropriate time limit so you don’t risk the immediate denial of your claim; even a single day after the statute of limitations is too late. An experienced lawyer can help you make sure you don’t miss any vital deadlines throughout your case.

The legal team at Spohrer Dodd Trial Attorneys can ensure that your case is treated with the utmost respect and handled by professionals. We can help you develop your case from the start, gather the right evidence to support it, and advocate against insurance companies and opposing counsel on your behalf. Reach out to speak with a knowledgeable member of the team and schedule a consultation today.