The statute of limitations for a survival action is governed under the Florida Survival Statute § 46.021. If the cause of action is not filed prior to the decedent’s death, the decedent’s personal representative must do so within the time limit that would have been applicable to the action had it been brought by the decedent. Pursuant to Florida Statute § 733.104, if a person who is entitled to maintain a cause of action dies prior to the expiration of the time limit for initiating the action, so that the cause of action survives, the action may be commenced by the decedent’s personal representative before the later of the expiration of the time limited for the commencement of the action or 12 months after the decedent’s death.

If a tortfeasor dies prior to the expiration of the time limit for initiating the action, and the action survives, if the claim is timely filed the statute of limitations does not apply. If a defendant dies while a cause of action is pending the action can be maintained against the defendant’s personal representative. All actions including those that demand an award for punitive damages, survive the death of the defendant. However, if the tortfeasor dies and the plaintiff fails to substitute his or her personal representative as the defendant within the required 90 day period, the action must be dismissed.

Your survival action should be handled by a West Palm Beach plaintiff’s attorney that can handle the complexities of your cause of action. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.