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

UPDATED: Oct 1, 2022

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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


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

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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