Can I file a lawsuit in behalf of my deceased father?

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Can I file a lawsuit in behalf of my deceased father?

My father passed away in 2012. The
defibrillator he had was recalled and
instead of paging the hospital or 911 ,
he was left in his house dead for 7 days,
no signal was put out to notify anybody
for help.

Asked on February 6, 2018 under Personal Injury, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Sorry to hear about your father.
Unfortunately, it is too late to file a lawsuit for wrongful death which is negligence causing death because FL has a two year statute of limitations. This means that your lawsuit would have had to have been filed prior to two years after the date of your father's death.  Your lawsuit is barred by the statute of limitations.  Once the statute of limitations has tolled (expired), you have lost your rights forever in the matter.


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