What should I know about wrongful death?Return to FAQ Videos
Under Florida law, wrongful death actions in general have a two-year statute of limitations. It’s important to know that the person deceased can’t bring an action on behalf of themselves, and timing is critical. If a loved one has been killed as a result of negligence of another person, it’s important to get involved immediately. A person must be appointed for the estate of the decedent. The process can take months and it might be too late. A personal representative acts in place and can choose to institute a legal proceeding, sign settlement documents and becomes the client. It’s important to get advice of a Pendas Law attorney right away. That time period starts ticking, with grief and funeral arrangements happening at the same time. This is a two-step process, and it will need to go to probate court to appoint a personal representative of the estate. And the lawsuit process must be started. That happens also when we have a med mal practice claim or negligence action, where there is a minor involved, depending on the amount of settlement. We will have to go to court and find what is in the best interest of the child.