You have two years from the date of death to file a wrongful death lawsuit in Florida. That is the Florida wrongful death statute of limitations set by Florida Statute 95.11(5)(e), and courts enforce it strictly.1Online Sunshine. Florida Code 95.11 – Limitations on Actions Other Than for Recovery of Real Property Several exceptions can change that window depending on how the death happened and who caused it.
When the Two-Year Clock Starts
The clock runs from the date the person died, not the date of the wrongful act. If someone is injured in January and dies from those injuries in March, the two-year period starts in March.
All required court filings must be in before the two-year anniversary. There is no grace period. Filing one day late almost always means the case is dismissed.
Who Has to File, and Why That Eats Into Your Time
Only the personal representative of the deceased person’s estate can bring a wrongful death action in Florida. The personal representative files on behalf of both the estate and all surviving family members.2Florida Senate. Florida Code 768.20 – Parties That is the person named as executor in a will, or someone the probate court appoints if there is no will.
This catches families off guard. Before anyone can file the lawsuit, the estate has to be opened in probate court and a personal representative officially appointed. That takes time, and the two-year clock is already running. If no estate has been opened, getting that done is step one.
Exceptions That Change the Deadline
Two years is the default. Florida law carves out several situations where a different timeline applies. Some extend the window, and others effectively shorten it by adding steps you have to complete before filing.
Murder or Manslaughter
When the death resulted from murder or manslaughter, there is no statute of limitations. A wrongful death claim based on acts described in the state’s murder or manslaughter statutes can be filed at any time.1Online Sunshine. Florida Code 95.11 – Limitations on Actions Other Than for Recovery of Real Property The statute is explicit that no arrest, criminal charges, or conviction is required before the civil case can proceed. A family can file even if prosecutors never bring a criminal case.
Medical Malpractice
Wrongful death claims tied to medical negligence follow a different timeline. The two-year period starts from when the malpractice was discovered or should have been discovered with reasonable effort, rather than automatically from the date of death. An absolute outer limit of four years from the date the malpractice occurred applies regardless of when it was discovered.1Online Sunshine. Florida Code 95.11 – Limitations on Actions Other Than for Recovery of Real Property If fraud or intentional misrepresentation prevented discovery, the deadline extends to two years from actual discovery, but no more than seven years from the incident.
Medical malpractice claims also carry a mandatory pre-suit notice requirement that compresses the available time further. Before filing, the claimant must send written notice to each prospective defendant, and a 90-day investigation period follows during which the lawsuit cannot be filed.3Online Sunshine. Florida Code 766.106 – Notice Before Filing Action for Medical Negligence That 90-day wait means the effective deadline is closer to 21 months.
Claims Against Government Entities
Suing a state or local government agency in Florida requires a written notice of the claim before any lawsuit can be filed. For wrongful death claims, that notice must be presented to the Florida Department of Financial Services within two years of the death.4Online Sunshine. Florida Code 768.28 – Waiver of Sovereign Immunity in Tort Actions After the notice is delivered, the government has a 180-day investigation period, and the lawsuit cannot be filed during that window.
Defective Products
When a death was caused by a defective product, a separate deadline called the statute of repose applies alongside the two-year limit. Florida generally bars product liability claims brought more than 12 years after the product was first delivered to its original purchaser, regardless of when the death occurred.5Online Sunshine. Florida Code 95.031 – Computation of Time If the product was expected to last more than 10 years, the repose period may extend to match that expected useful life. The repose period can be tolled if the manufacturer’s leadership knew about the defect and actively concealed it.
What Happens If You Miss the Deadline
If the personal representative does not file before the statute of limitations expires, the defendant will move to dismiss and the court will grant it. There is no equitable workaround or late-filing exception for ordinary delays. The dismissal is permanent, and the family loses any right to compensation through a wrongful death action.
The risk is highest when no one has been appointed as personal representative yet. The two-year clock runs whether or not an estate has been opened, so families who wait months before consulting a lawyer sometimes find very little time left, especially in a medical malpractice case where the 90-day pre-suit notice has to happen inside the same window.