When a loved one dies due to someone else's negligence, the last thing on your mind is legal deadlines. You're focused on grief, funeral arrangements, and caring for your family. But Florida law se...
When a loved one dies due to someone else's negligence, the last thing on your mind is legal deadlines. You're focused on grief, funeral arrangements, and caring for your family. But Florida law sets strict time limits for filing wrongful death lawsuits—and missing these deadlines can permanently bar your claim, no matter how strong your case. Understanding Florida's wrongful death statute of limitations, when the clock starts running, and what exceptions might apply helps protect your family's right to seek justice and compensation.
The Two-Year Statute of Limitations
Florida's wrongful death statute of limitations is found in Florida Statute 95.11(4)(d). It provides that wrongful death actions must be filed within two years of the date of death.
This deadline is strictly enforced. Courts routinely dismiss wrongful death cases filed even one day late. There's no grace period, and excuses like 'we didn't know about the deadline' or 'we were too grief-stricken to act' won't save an untimely case.
Two years may seem like adequate time, but wrongful death cases require substantial work before filing. The estate must be established and a personal representative appointed. Investigation must determine what happened and who was responsible. Experts must be consulted. All of this takes time—time that passes quickly when you're dealing with grief and family responsibilities.
When Does the Clock Start?
The statute of limitations begins running on the date of death. This is usually straightforward, but some situations create ambiguity.
If death occurs immediately in an accident, the date of accident and date of death are the same. The two-year period runs from that date.
If the deceased survives the injury for some time before dying, the wrongful death statute of limitations runs from the date of death—not the date of injury. Note that any personal injury claim the deceased could have brought while alive has a separate limitations period.
If the exact date of death is uncertain (such as when a body isn't immediately discovered), courts typically use the date death is legally established.
If death results from progressive illness caused by negligence (such as asbestos exposure), determining when the statute begins can be complex and may involve discovery rules.
Exceptions and Extensions
Florida law provides limited exceptions that may extend or pause the statute of limitations:
Minority of the personal representative: If the only person who could serve as personal representative is a minor, the statute may be tolled (paused) until they reach adulthood. However, this is rare because adult family members can typically serve.
Mental incapacity: If the decedent's only potential personal representative is mentally incapacitated, the statute may be tolled until the incapacity ends or a guardian is appointed.
Fraudulent concealment: If the defendant fraudulently conceals facts necessary to discover the wrongful death, the statute may be tolled until the concealment is discovered or should have been discovered through reasonable diligence.
These exceptions are narrowly interpreted and rarely successful. Don't rely on an exception—treat the two-year deadline as absolute and act accordingly.
Claims Against Government Entities
If your wrongful death claim is against a government entity (a city, county, the state, or a government employee acting in their official capacity), additional requirements and shorter deadlines apply.
Florida's sovereign immunity statute requires that claims against the state government be submitted to the appropriate agency within three years—but this is misleading for wrongful death cases because you must first present your claim before filing suit.
For most government claims, you must file a notice of claim within three years. However, the lawsuit itself must still be filed within the two-year wrongful death statute of limitations.
Some local governments have even shorter notice requirements. Missing these notice deadlines can bar your claim even if you file suit within two years.
Because government claims have additional procedural requirements, consulting an attorney promptly is especially important when government negligence caused your loved one's death.
Medical Malpractice Wrongful Death Cases
Florida has special rules for medical malpractice cases, including wrongful death cases arising from medical negligence.
The statute of limitations for medical malpractice wrongful death is generally two years from the date of death. However, Florida also has a four-year statute of repose—an absolute deadline running from when the incident occurred, regardless of when death happened.
Additionally, Florida requires pre-suit investigation for medical malpractice claims. Before filing suit, you must conduct an investigation with a medical expert and notify the healthcare provider of your intent to sue. This process can take months and effectively shortens the time available for lawsuit preparation.
These requirements make medical malpractice wrongful death cases particularly time-sensitive. Engaging an attorney early is essential to navigate the pre-suit requirements while meeting all deadlines.
What Happens If You Miss the Deadline?
If the statute of limitations expires before you file your wrongful death lawsuit, the consequences are severe and usually irreversible.
The defendant will raise the statute of limitations as an affirmative defense. Unless you can prove an exception applies, the court will dismiss your case. The strength of your case on the merits doesn't matter—the deadline is an absolute bar.
This dismissal is typically 'with prejudice,' meaning you cannot re-file. Your right to sue is permanently extinguished.
In rare cases, an attorney's failure to file within the statute of limitations may support a legal malpractice claim against that attorney. But this is a poor substitute for the original claim—you'd have to prove the underlying wrongful death case would have succeeded and then try to collect from the attorney.
The best protection is acting promptly. Consult an attorney well before the deadline approaches, giving plenty of time for investigation and case preparation.
Why Acting Early Matters
Beyond simply meeting the deadline, there are compelling reasons to begin the legal process sooner rather than later:
Evidence preservation is easier when you act quickly. Witnesses' memories fade, surveillance footage gets overwritten, physical evidence gets disposed of, and documents disappear. An attorney can send preservation letters and begin gathering evidence immediately.
Investigation takes time. Determining what happened, identifying all responsible parties, and consulting necessary experts requires months of work. Starting early ensures thorough preparation.
Estate establishment must happen before filing suit. If no estate exists, one must be opened and a personal representative appointed—a process that itself takes time.
Experts must be consulted. Medical experts, accident reconstructionists, economists, and other professionals may be needed. Engaging and preparing these experts requires lead time.
Negotiation may be possible before filing. Some cases settle through pre-suit negotiations, avoiding litigation entirely. But this requires time to present demands and negotiate.
Ideally, consult an attorney within the first few months after your loved one's death. This ensures ample time for proper case development while the deadline is still far away.
Contact Emas Law Group Today
Florida's two-year statute of limitations for wrongful death claims is strict and unforgiving. Missing this deadline means losing your right to hold the responsible party accountable and recover compensation for your loss—no matter how clear their negligence or how devastating your damages. While grief naturally consumes your focus in the aftermath of a death, protecting your legal rights requires attention to these deadlines. At Emas Law Group, we understand you're grieving while facing time-sensitive legal decisions. We handle the urgency so you don't have to—preserving evidence, meeting deadlines, and building your case while you focus on your family. Contact us for a free consultation to discuss your rights and ensure your claim is protected.
Frequently Asked Questions
Is the two-year deadline from the accident or from the death?
The wrongful death statute of limitations runs from the date of death, not the date of the injury-causing incident. If someone survives an accident for months before dying from their injuries, the two years begins when they die.
Can the deadline be extended because I was grieving?
Unfortunately, no. Grief isn't a legal basis for extending the statute of limitations. Courts recognize that wrongful death cases involve grieving families but enforce the deadline anyway. This is why consulting an attorney early is important.
What if I just learned who was responsible for my loved one's death?
Generally, the statute still runs from the date of death regardless of when you learned who was responsible. A fraudulent concealment exception may apply in rare cases, but don't rely on it. If you've recently discovered potential wrongdoing, consult an attorney immediately.
How soon should I contact an attorney after a wrongful death?
As soon as you're emotionally able to have that conversation—ideally within the first few months. Early consultation ensures evidence is preserved, deadlines are tracked, and the case receives thorough preparation. Most attorneys offer free initial consultations.