How You Can Successfully File a Wrongful Death Lawsuit

| Nov 18, 2022 | Firm News

Wrongful death is a legal term that describes when someone dies due to another person’s negligence or wrongful act. To prove wrongful death, it must be shown that the death was caused by negligence or a wrongful act and that the deceased would have had a cause of action against the person if they had not died.

Wrongful death claims are usually brought by the surviving family members of the deceased person. These claims can seek compensation for medical and funeral expenses, lost wages and earnings, and the loss of love and companionship.

Is There a Statute of Limitations for Wrongful Death Claims?

In general, a statute of limitations is a law that sets a deadline for filing a legal claim. If the claim is filed within the specified period, the survivor may be allowed to pursue the claim.

Wrongful death claims are typically governed by the personal injury statute of limitations in the state where the death occurred. This means the claim must be filed within a certain period after death. The time can vary from state to state but is typically two to three years.

However, there are some exceptions to this rule. For example, if the death was caused by medical malpractice, the claim may be subject to a different statute of limitations. It is important to consult with an experienced wrongful death attorney to determine the applicable statute of limitations in your case.

Tips on Filing a Wrongful Death Lawsuit

This type of lawsuit allows the survivors to recover damages for their losses, including the loss of their loved one.

There are a few things to keep in mind if you are considering filing a wrongful death lawsuit that does not involve medical malpractice:

1. You Must Be a Family Member

To file a wrongful death lawsuit, you must be the deceased’s spouse, child, or parent. If you are not a family member, you may still be able to file a suit if you were financially dependent on the deceased.

2. There Must Be a Death

It should be obvious, but you can only file a wrongful death suit if the individual in question has passed away. If you think your loved one was the victim of medical malpractice but they are still alive, you may be able to file a suit against the negligent doctor.

3. You Must Have Suffered Damages

To file a wrongful death suit, you must have suffered damages due to the death. These damages can be financial, such as the loss of a breadwinner, or emotional, such as the loss of a spouse or child.

4. The Death Must Have Occurred Within a Certain Time Frame

There is a statute of limitations for wrongful death lawsuits. This means that you must file suit within a certain time frame after the death occurred. If you miss this deadline, you will be unable to recover damages.

If the death was caused by medical malpractice, the claim is subject to different laws, including who can recover and the type of damages that can be recovered in a wrongful death suit.

5. You Will Need an Experienced Attorney

Wrongful death lawsuits can be complex and challenging. You will need an experienced attorney to help you navigate the legal process and to recover the full amount of damages you are entitled to.


If you have lost a loved one due to someone else’s negligence or wrongful actions, you may be able to file a wrongful death lawsuit. This type of lawsuit can be complex, so it’s important to seek out the help of an experienced attorney. A successful wrongful death suit can help you recover damages such as medical and funeral expenses, lost income, and pain and suffering.

If you are looking for a wrongful death attorney in Florida, you can hire one from us at Mendes, Reins & Wilander. We cover various personal injury law cases. Get in touch with us to learn more about our services at Mendes, Reins & Wilander.