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

Losing a family member is hard enough without a legal deadline hanging over the grief. Florida law gives you a limited window to act, and missing it almost always ends the case before it starts.

The Two-Year Rule

Under Florida Statute 95.11, a wrongful death lawsuit must generally be filed within two years of the date of death. Not the date of the accident. Not the date you hired a lawyer. The date of death.

That distinction matters. If a loved one was injured in a crash and passed away three months later, the two years run from the day they died.

Who Files, and Why That Affects Timing

Florida’s Wrongful Death Act requires the claim to be filed by the personal representative of the estate, acting on behalf of the surviving family members. If no estate has been opened, that has to happen first. Opening an estate, appointing a representative, and gathering the records a claim needs all take time, which is one reason two years is shorter than it sounds.

Exceptions That Can Shorten or Extend the Deadline

A few situations change the math:

Claims against government entities. If the death involved a city bus, a county-maintained road, or a public hospital, Florida requires written notice to the agency before suit, and the notice process has its own deadlines. These cases move on a stricter clock.

Medical malpractice deaths. A death caused by medical negligence follows the malpractice rules, which include a pre-suit investigation period and their own limitations framework. These cases need attention immediately.

Fraud or concealment. If the responsible party hid what happened, a court may extend the deadline. Proving concealment is difficult, and no family should plan on it.

Criminal homicide. Deaths resulting from murder or manslaughter may follow different rules entirely.

Why Waiting Costs You Even Inside the Deadline

Evidence does not wait two years. Surveillance footage gets overwritten in weeks. Vehicles get repaired or scrapped. Witnesses move and memories blur. An attorney who gets involved early can send preservation letters, photograph the scene, and lock down testimony while it is fresh. Families who wait until month 20 often find the strongest evidence is already gone.

What a Wrongful Death Claim Can Recover

Depending on the survivors’ relationship to the deceased, Florida law allows recovery for lost support and services, loss of companionship and guidance, mental pain and suffering, medical bills from the final injury, and funeral expenses. The estate may also recover lost earnings. An experienced attorney values the full claim, not just the obvious pieces.

Talk to a Florida Wrongful Death Attorney Now, Not Later

Two years passes faster than any grieving family expects. The attorneys at Dante Law Firm handle wrongful death claims across Florida and fight for maximum compensation so you win. The consultation is free, and you pay nothing unless we recover for you. Call (954) 365-0000.