Legal Question in Civil Litigation in Florida
what is the statue of limitations for an accidental death at someones residence? who would i sue? home owners insrance.
3 Answers from Attorneys
4 years for negligence. You would sue the person who owned the residence. If they have homeowners, than insurance company would defend.
If the death was "accidental" this implies that there was no negligence. If somebody just "falls down and breaks his neck", without slipping/tripping due to a hazard that the property owner is responsible for, and is the proximate and legal cause of the slip/trip/fall, then there is no negligence. Your question does not give enough facts to make a determination of your rights under the law.
I strongly disagree with my brethern that the statute of limitations is 4 years in a wrongful death case. It is two (2) years. See a personal injury lawyer as soon as possible.
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