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How Does The Statute Of Limitations Affect Filing A Medical Malpractice Case When The Victim Dies?

Statutes of limitation in medical malpractice cases where a wrongful death ensues are limited to two years from the date of death forward. It can be extended in the State of Florida by 90 days by filing a petition for the extension of the statute. It also may be extended by simply filing a notice of intent to initiate litigation with an appropriate affidavit which gives you another 90 days. At the conclusion of everything, you may wind up with a total of two years plus 180 days plus 60 days after the expiration to file a lawsuit.