The loss of a loved one due to negligence is devastating, and while legal action is never the first thought for grieving families, it’s important to understand the time limits for filing a wrongful death claim. Missing these deadlines can mean losing the right to seek justice and compensation. At Kelleher Law, we guide families in Naples and Fort Myers, Florida, and Roswell, Georgia, through the wrongful death process while making sure critical timelines are met.
What Is the Statute of Limitations?
The statute of limitations is the legal deadline for filing a lawsuit. If a claim isn’t filed in time, courts typically dismiss the case, no matter how strong it may be.
Florida Wrongful Death Statute of Limitations
In Florida, families generally have two years from the date of death to file a wrongful death lawsuit. In limited circumstances-such as medical malpractice cases-the timeline may be different. Acting quickly is essential, since evidence can disappear and witnesses’ memories fade.
Georgia Wrongful Death Statute of Limitations
In Georgia, families typically also have two years from the date of death to file. However, if there is a pending criminal case related to the death, the deadline may be extended (or “tolled”) until that case is resolved.
Why Acting Quickly Matters
Even though two years may sound like plenty of time, waiting can harm your case:
Evidence disappears: accident scenes change, documents get lost, and records may be destroyed.
Witness testimony fades: the sooner interviews happen, the more accurate the recollection.
Insurance delays: companies may stall negotiations, hoping the statute runs out.
Who Can File a Wrongful Death Claim?
Florida: The personal representative of the deceased’s estate files on behalf of family members such as a spouse, children, or parents.
Georgia: The spouse usually files first, followed by children or parents if no spouse survives.
How Kelleher Law Helps Families
At Kelleher Law, we understand the emotional and financial strain families face after a wrongful death. Our team:
- Handles all legal deadlines and filings
- Investigates the cause of death thoroughly
- Calculates the full value of damages, including loss of income and companionship
- Fights for justice through negotiation or litigation
Serving Families in Florida and Georgia
We proudly represent families in Naples, Fort Myers, and across Southwest Florida, as well as Roswell and the greater Atlanta area in Georgia.
