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In the state of Florida, only the personal representative of the deceased person's estate may legally file the wrongful death claim. The personal representative may be chosen during a person's lifetime and named in a will or estate plan, or may be appointed after death if the deceased left no will or estate plan.
In Florida, the statute of limitations on injury cases is four years from the date of the car accident, fall, or other incident that resulted in injury. However, in cases where someone's negligence results in death, close family members have only two years from the date of death to file a claim for compensation.
Florida's Statutes of Limitations for Personal Injury Lawsuits. The statute of limitations for personal injury lawsuits in Florida is generally two years, ing to Florida Statutes § 95.11(3)(a). Here are some examples of injury claims that typically have a two-year statute of limitations in our state: Car ...
Under the wrongful death statute in Florida, the compensation from a settlement or jury award must be distributed equally among all beneficiaries. If the adult beneficiaries can come to an agreement on a specific plan for allocation, the court will generally honor that agreement.
The state of Florida does not place a monetary cap on wrongful death or the amount of compensation you can collect. The state does place a limitation on who can file a claim for wrongful death.
Under Florida Statute 95.11 (4)(d), the statute of limitations for wrongful death is two years from the date of death. Filing a claim outside that noted period will inhibit the deceased's family from being able to recover compensation.
Personal Injury Statute of Limitations Reduction First, the personal injury statute of limitations has been reduced to two years down from four years. This might not seem like a big deal, but many personal injury claims have to go through a very long, highly investigative process.