What Is the Florida Wrongful Death Statute of Limitations?

Gregg Hollander | September 8, 2026 | Wrongful death

When someone else’s negligence may have caused a death, the family often needs answers before it is ready to think about a lawsuit. But Florida law does not give families unlimited time to investigate what happened.

The Florida wrongful death statute of limitations generally gives the personal representative of the decedent two years from the date of death to file a wrongful death action. Some cases, including deaths involving medical malpractice or government entities, can involve additional deadlines and presuit requirements.

Hollander Law Firm handles serious wrongful death cases throughout Florida from offices in Boca Raton, West Palm Beach, and Fort Lauderdale. We help families identify the applicable deadline, investigate the cause of death, and determine whether the evidence supports a legally viable claim.

Call (561) 347-7770 or fill out our online form today for a free consultation.

How Long Do You Have to File a Wrongful Death Lawsuit in Florida?

Florida generally requires that a wrongful death lawsuit be filed within two years after the cause of action accrues, which is the date when the person dies.

For example, if your spouse died from crash injuries on October 10, 2026, the ordinary wrongful death deadline would be October 10, 2028, even if the collision occurred weeks earlier.

Missing the applicable deadline can prevent the estate and surviving family members from recovering through the wrongful death action.

Florida Statute of Limitations for Wrongful Death: Does the Accident Date or Death Date Control?

The date of death controls when a Florida wrongful death claim accrues.

That distinction matters when death does not occur immediately after the accident. Suppose a person suffers catastrophic injuries in a commercial truck crash on I-95 in Palm Beach County, remains hospitalized for several months, and later dies from those injuries. The wrongful death claim accrues upon death rather than on the collision date.

Are There Exceptions to the Wrongful Death Statute of Limitations in Florida?

Yes. Although most Florida wrongful death claims must be filed within two years of the date of death, some cases involve different or additional timing rules.

Death Caused by Medical Malpractice

A wrongful death claim based on medical malpractice can be subject to Florida’s separate medical malpractice deadlines. Florida defines an “action for medical malpractice” to include claims seeking damages for a person’s death, injury, or monetary loss arising from medical, dental, or surgical diagnosis, treatment, or care by a healthcare provider.

That means a wrongful death case involving negligent medical care is treated as a medical malpractice action for limitations purposes. These claims generally must be brought within two years of the negligent incident or of when the malpractice was discovered or reasonably should have been discovered.

In most cases, though, a lawsuit cannot be filed more than four years after the malpractice occurred, even if the family discovered it later. Florida law recognizes limited exceptions to that four-year cutoff.

Medical malpractice cases also require a presuit investigation and notice to prospective defendants before the complaint can be filed. Once a presuit notice is properly served, Florida provides specific tolling rules during the statutory screening process.

Claims Involving a Government Entity

If a Florida government agency or public entity may be responsible for the death, additional deadlines can apply. Before filing a lawsuit, the family must provide written notice of the claim to the Florida Department of Financial Services. For wrongful death claims, the notice generally must be provided within two years after the claim arises, which is typically the date of death.

These rules may apply when the death involves a government vehicle, public hospital district, county agency, or another government-controlled entity. Missing the required notice deadline can prevent the claim from moving forward, even if the family otherwise had a valid wrongful death case.

Intentional Killing

Florida creates an exception to the two-year deadline when a wrongful death claim is brought against an individual for an intentional act resulting in death under conduct described in Florida’s murder or manslaughter laws.

In those cases, the wrongful death lawsuit may be filed at any time. A criminal arrest, charge, or conviction is not required before the family can bring a civil claim.

Can the Two-Year Deadline Be Extended?

Sometimes. The Florida statute of limitations for wrongful death may be paused, or “tolled,” in certain situations. 

Those circumstances can include:

• The defendant is outside Florida. The time may be paused while the person being sued is absent from the state. However, this rule does not apply if the defendant can still legally be served with the lawsuit while outside Florida.
• The defendant cannot be found because of concealment or a false name. Tolling may apply when the defendant hides in Florida or uses a false name, thereby preventing service of the lawsuit.
• The person entitled to sue was already legally incapacitated. If that person had been adjudicated incapacitated before the claim arose, Florida law may pause the deadline, although the statute generally imposes a seven-year outside limit.
• The dispute is in arbitration. The limitations period may be paused while an arbitration involving the same dispute is pending.

These exceptions are narrowly defined. Settlement negotiations, an insurer’s investigation, waiting for an autopsy report, or uncertainty about whether to file a lawsuit generally do not give a family additional time.

Hollander Law Firm can review the complete timeline, determine when the wrongful death claim accrued, identify whether a tolling rule or other exception applies, and file the lawsuit within the correct deadline.

Frequently Asked Questions 

Why Should You Start Before the Filing Deadline Gets Close?

A wrongful death case can take time to investigate and prepare.

Medical records, crash evidence, witness information, expert review, and probate issues may all need to be addressed before the lawsuit is filed. Starting early gives your attorney time to build the case without the two-year deadline dictating the investigation.

What Happens If the Wrongful Death Deadline Has Passed?

A lawsuit filed after the Florida wrongful death statute of limitations deadline can be dismissed as untimely. You will not be able to recover any compensation.

However, before assuming the claim has been lost, an attorney should review whether a different deadline or a recognized tolling rule applies to the circumstances.

Does a Criminal Case Affect the Wrongful Death Lawsuit?

No. A criminal case and a wrongful death lawsuit are separate proceedings. The government brings the criminal case to determine whether someone committed a crime, while a wrongful death lawsuit is a civil case brought by the personal representative to seek compensation for the estate.

Both cases can proceed at the same time, but a criminal prosecution is not required before the family can pursue a wrongful death claim.

Talk with Hollander Law Firm Before the Deadline Controls Your Options

The strength of a wrongful death case may depend on proving how the death occurred, who was legally responsible, and whether the evidence connects that conduct to the loss.

Gregg Hollander has practiced law for over 30 years, and Hollander Law Firm has recovered millions of dollars through settlements and jury verdicts. We know how to handle cases involving disputed liability, complex medical causation, multiple responsible parties, and complicated deadlines.

If you lost a loved one because of negligence or wrongful conduct, call (561) 347-7770 or reach out to our team online for a free consultation. We can review the circumstances, determine which Florida deadlines apply, and explain whether the facts support a wrongful death claim.

Legal References Used to Inform This Page

To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:

• Limitations other than for the recovery of real property, Fla. Stat. § 95.11.
• When limitations tolled, Fla. Stat. § 95.051.
• Waiver of sovereign immunity in tort actions; recovery limits; civil liability for damages caused during a riot; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs, Fla. Stat. § 768.28.