When a loved one dies due to another party’s negligent or criminal act, family members may bring a wrongful death lawsuit in civil court. These lawsuits give family members the chance to hold the wrongdoers accountable and collect compensation that could provide needed financial security. However, they must be filed within Pensacola’s wrongful death statute of limitations.
Speak with the legal team at Emmanuel Sheppard & Condon soon after your loved one’s death. They can review your circumstances and ensure you file a timely claim to preserve your right to compensation.
Understanding Statutes of Limitation
All states have laws restricting the timeframe for filing a lawsuit. These laws are called statutes of limitation. The timeframes they impose vary depending on the type of lawsuit. When you miss the deadline set by the statute of limitations, the court no longer has jurisdiction and will refuse to hear your lawsuit regardless of its merit.
The statutes of limitation for personal injury and wrongful death lawsuits tend to be shorter than for other types of cases. Florida Statutes § 95.11(5)(e) allows family members two years from the date of the decedent’s death to file a wrongful death lawsuit in Pensacola. Contacting Emmanuel Sheppard & Condon soon after the death allows the legal team ample time to identify responsible parties and gather evidence against them before filing the suit.
When the negligent party is the State of Florida or a county or municipality within the state, Florida Statutes § 768.29(6)(a)(2) requires you to submit a notice of your wrongful death claim within two years of the death. The government entity then has six months to respond to your claim. If the claim is denied, you have six months from the date of denial to file a lawsuit.
Statues of Limitations Are Sometimes Tolled
There are no exceptions to the statute of limitations, but there are circumstances that stop the clock. This is called tolling. If your case includes a circumstance that tolls the statute of limitations, you might have more time to bring your lawsuit.
If the person who caused the death leaves the state, the statute of limitations is tolled until they return to the jurisdiction. So, for example, if your loved one died in an accident caused by an out-of-state driver who fled Pensacola after the crash, the statute of limitations would not run while the driver was out of the state.
The statute can also be tolled when the plaintiff—the person bringing the wrongful death lawsuit—is incapacitated. If you were seriously injured in the same accident that killed your spouse or child, the time when you were physically or mentally incapable of bringing a lawsuit would not count toward the statute of limitations.
A Pensacola Attorney Can Help You File a Wrongful Death Claim Within the Statute of Limitations
The loss of a loved one is devastating. It can take a long time before you feel ready to cope with the practical aspects of their death. Unfortunately, the Pensacola wrongful death statute of limitations requires you to act within two years in most cases.
The dedicated lawyers at Emmanuel Sheppard & Condon can help you preserve your rights to bring a wrongful death lawsuit, but you must contact them as quickly as possible after the loss of your loved one. Call today to get started.
