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Wrongful Death Statutes of Limitations Explained

By William Chanfrau, Jr. on October 18, 2015

A statue of JusticeHere at Chanfrau & Chanfrau, our team of attorneys prides itself on providing expert legal guidance for clients throughout the Central Florida area. Our legal expertise is particularly important in wrongful death lawsuits, which hold negligent parties accountable for the loss of a loved one.

In order to pursue a lawsuit, it must be filed within the statute of limitations. Let's go over the basics of these matters right now.

What is a statute of limitations?

A statute of limitations is a set time limit that is applied to the filing of a lawsuit. In essence, a lawsuit must be filed during this time. Failure to file a lawsuit within this timeframe means that a suit cannot be pursued. This is why it's crucial for you to file a legal action as soon as possible.

Why are statutes of limitations in place?

While it may seem like statutes of limitations are a negative thing, they are actually a means of ensuring the justice system runs more efficiently and that cases are tried fairly.

For one, statutes of limitations mean that evidence will not be degraded or altered by the effects of time. This is important for actual objects or items that may breakdown in some fashion, resulting in issues with accuracy or any forensic testing.

The other important factor to consider is memory. Witness testimonies and the testimonies of the parties involved in an incident can change over time as a result of intervening years. By imposing a statute of limitations, this helps ensure that memories and testimonies are unaffected by the passage of time.

What is the statute of limitations for wrongful death lawsuits?

In the state of Florida, the statute of limitations for wrongful death lawsuits is 2 years. That means a wrongful death suit must be filed within 2 years of the loss of your loved one.

Can the statute of limitations vary in a wrongful death case?

For the most part, no. Exceptions would have to be very rare and specific for there to be an extension of a statute of limitations. Given how rare those circumstances are, it's always best to speak with an attorney as soon as possible.

What happens if the statute of limitations has passed?

As noted above, if the statute of limitations has passed, you will be unable to file your lawsuit. This can be heartbreaking, especially given the amount of pain and anguish associated with the preventable death of a loved one. The damages obtained in a wrongful death lawsuit can be used to address losses related to the death of a loved one, as well as the emotional pain and suffering related to that loss.

Working with a Wrongful Death Lawyer Is Crucial

The legal system can be very challenging and requires knowledge, diligence, and committed time in order to ensure a successful resolution to your case. That's why it's imperative that you work with a skilled lawyer. Your wrongful death attorney can focus on the litigation process while you and your loved ones can focus on grieving and putting your lives back together after a devastating loss.

Speak with the Attorneys of Chanfrau & Chanfrau About Your Wrongful Death Case

For more information about your legal rights following the loss of a loved one, it's important that you contact our team of skilled attorneys today. At Chanfrau & Chanfrau, we will fight for you and your loved ones so that you can achieve peace of mind.

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