Understanding the 2-Year Statute of Limitations for Florida Wrongful Death Claims

What the Two-Year Statute of Limitations Actually Means

When a family loses a loved one due to someone else's negligence, Florida law provides a legal pathway to seek justice and compensation through a wrongful death claim. However, this pathway has a strict deadline that many grieving families don't fully understand until it's too late. At Douglas R. Beam, P.A., we've spent over 35 years helping families navigate these time-sensitive claims, and we've seen firsthand how critical it is to understand and respect these deadlines.

Under Florida Statute 95.11(5)(e), the statute of limitations for wrongful death lawsuits is two years. This means you have precisely two years to file a lawsuit seeking damages for the loss of your loved one. Once this window closes, the court will almost certainly dismiss your case regardless of how strong your evidence is or how clearly another party was at fault.

One critical detail that catches many families off guard is that the two-year clock starts ticking on the date of death, not on the date of the accident or incident that caused the death. This distinction matters significantly. For instance, if someone was injured in a car accident in January but survived for several months before passing away from their injuries in June, the two-year period would begin in June when the death occurred.

Understanding this timeline is essential because wrongful death claims are civil lawsuits that operate completely separately from any criminal proceedings. Even if a criminal case against the person responsible for your loved one's death is ongoing, the statute of limitations for your civil wrongful death lawsuit continues to run. You cannot wait for a criminal trial to conclude before taking action on your civil claim.

The Florida Wrongful Death Act, found in Sections 768.16 through 768.26 of the Florida Statutes, establishes the rules governing these claims. The law exists to ensure that surviving family members can seek financial compensation when negligence, recklessness, or intentional actions result in a fatal outcome. Our team at Douglas R. Beam, P.A. has deep experience applying these statutes to secure meaningful recoveries for grieving families throughout Florida, including a $3 million wrongful death judgment against a Melbourne assisted living facility that failed to protect one of its residents.

Who Can File a Florida Wrongful Death Claim

Before we discuss the timeline further, it's important to understand who has the legal authority to file a wrongful death lawsuit in Florida. Unlike some other types of personal injury claims, individual family members cannot file wrongful death lawsuits on their own behalf. This requirement often surprises families who assume they can simply go to court and seek justice for their loss.

Under Florida Statute 768.20, only the personal representative of the deceased's estate can bring a wrongful death action. This personal representative files the claim on behalf of both the estate and the surviving family members, who are called "survivors" under Florida law. The personal representative may be named in the deceased's will, or if there is no will, the probate court will appoint one. At Douglas R. Beam, P.A., we guide families through this appointment process and coordinate with probate attorneys when necessary to ensure no time is wasted in protecting your legal rights.

The survivors who may benefit from a wrongful death claim include the surviving spouse, children (both minor and adult), parents of the deceased, and in some circumstances, other blood relatives or adopted siblings who were financially dependent on the deceased. Each category of survivor may be entitled to different types of compensation depending on their relationship to the deceased. If your loved one did not have a will naming a personal representative, someone must petition the probate court for appointment before a wrongful death lawsuit can be filed. This is yet another reason why contacting a wrongful death attorney promptly after a loss is so important. Our firm has handled these procedural requirements countless times over our nearly four decades in practice, and we know how to move efficiently through the system. For more information, see our guide to Who Can File a Wrongful Death Lawsuit in Florida.

Exceptions That May Extend or Alter the Deadline

While the two-year rule is strictly enforced in most cases, Florida law recognizes several circumstances that can affect this timeline. Understanding these exceptions is important, but they should never be relied upon as an excuse to delay seeking legal counsel. At Douglas R. Beam, P.A., we always advise families to act as if the standard two-year deadline applies, because proving that an exception applies can be complicated and uncertain.

One of the most significant exceptions applies when a wrongful death results from murder or manslaughter. Under Florida Statute 95.11(11), there is no statute of limitations for wrongful death claims based on intentional acts that constitute murder or manslaughter under Florida law. This means families can file a civil lawsuit at any time, regardless of whether criminal charges have been filed or a conviction obtained. This exception recognizes that families of murder victims may face unique circumstances, including lengthy criminal proceedings, that could otherwise prevent them from pursuing civil justice within the standard two-year window.

When a wrongful death is caused by negligence of a government employee or agency, special rules apply that families must understand. Florida's sovereign immunity laws, outlined in Florida Statute 768.28, require claimants to provide written notice to the Florida Department of Financial Services before filing a lawsuit. This notice must be submitted within three years of the date of death, but families only have two years from the date of death to file the actual lawsuit. Once the pre-suit notice is filed, the government has six months to investigate the claim. During this review period, the statute of limitations is "tolled" or paused, potentially extending the time families have to file their lawsuit if the government does not resolve the claim. Navigating claims against government entities requires experience with these specific procedural requirements, and our attorneys have handled numerous cases involving government negligence throughout our decades of practice.

When a death results from medical malpractice, the standard two-year statute of limitations still applies, but there are important nuances that families need to understand. Florida law provides that medical malpractice wrongful death claims must be filed within two years of when the malpractice was discovered or should have been discovered with reasonable diligence. However, there is an absolute outer limit of four years from the date the malpractice occurred, regardless of when it was discovered. In cases involving fraud, concealment, or intentional misrepresentation that prevented discovery of the cause of death, the limitations period may be extended up to two additional years from the date of discovery, but never more than seven years from the incident.

The statute of limitations may also be extended when the defendant cannot be located or lives outside Florida, making it difficult to serve legal papers. Additionally, the limitations period for minor children may be tolled until they reach the age of majority in certain circumstances, though this does not extend the deadline for other survivors. These exceptions are narrowly applied by Florida courts, which is why working with an experienced wrongful death firm like Douglas R. Beam, P.A. is essential for understanding how these rules apply to your specific situation.

Why Early Action Strengthens Your Case

While two years might seem like plenty of time, there are compelling reasons why families should contact an attorney as soon as possible after a wrongful death. Waiting too long, even if technically within the legal deadline, can significantly weaken your case and reduce the compensation your family ultimately recovers. Our firm's experience recovering more than $1 billion for clients has taught us that the strongest cases are built early, when evidence is fresh and witnesses remember what happened.

Physical evidence from accident scenes deteriorates quickly, and this deterioration can undermine even the most compelling claims. Surveillance footage may be recorded over, vehicle damage may be repaired, and accident scenes change as time passes. An experienced personal injury attorney can take immediate steps to preserve crucial evidence, including sending preservation letters to prevent relevant parties from destroying important records. In cases involving truck accidents, electronic logging device data may only be retained for limited periods. Similarly, boating accident evidence can be particularly time-sensitive due to exposure to the elements. When families contact Douglas R. Beam, P.A. promptly, we can dispatch investigators and experts to document evidence before it disappears.

People's memories fade over time, and witnesses may become harder to locate as months pass. The sooner your attorney can interview witnesses and document their recollections, the stronger your case will be. Our team understands that thorough witness interviews conducted early in a case often make the difference between a good settlement and an exceptional one.

Building a strong wrongful death case requires thorough investigation that takes significant time to complete properly. Your attorney may need to hire accident reconstruction experts, review extensive medical records, consult with economic specialists to calculate damages, and identify all potentially responsible parties. Doug Beam, the 2025 President of the National Trial Lawyers, and Riley Beam, the 2023 National Trial Lawyers 40 Under 40 President, lead our firm's wrongful death practice with a commitment to meticulous preparation that has produced client outcomes averaging three times higher than prior expectations.

Additionally, a personal representative must be appointed before a wrongful death lawsuit can be filed, which can take several weeks or months if no will exists. Florida law also requires certain pre-suit steps in some cases. Medical malpractice claims, for instance, require investigation and notice procedures that must be completed before filing. These requirements consume valuable time within the two-year window, making early action even more critical.

Common Causes of Wrongful Death in Florida

Wrongful death claims can arise from many different circumstances, and understanding the types of incidents that commonly lead to these claims can help families recognize when they may have legal options. Over our 35-plus years serving Florida families, Douglas R. Beam, P.A. has handled wrongful death cases arising from virtually every type of fatal accident, giving us the experience to identify liability and pursue maximum compensation regardless of how the tragedy occurred.

Fatal car accidents remain one of the leading causes of wrongful death in Florida, and our firm has extensive experience holding negligent drivers accountable for these devastating losses. These tragedies often occur due to distracted driving, speeding, drunk driving, or other forms of negligence. Motorcycle accidents frequently result in fatal injuries due to the vulnerability of riders who lack the protection of an enclosed vehicle. Our attorneys understand the unique dynamics of motorcycle crash cases and work with accident reconstruction experts to establish exactly what happened and who bears responsibility.

Slip and fall accidents on dangerous property can also prove fatal, particularly for elderly individuals whose bodies are more vulnerable to serious injury. Property owners have a legal duty to maintain safe premises, and their failure to address hazardous conditions can result in tragic consequences. Workplace fatalities, particularly in construction and industrial settings, may give rise to wrongful death claims when employer negligence or third-party actions contribute to a worker's death. Work injury cases involving fatalities often require careful analysis of workers' compensation rules and potential third-party liability, and our attorneys have the experience to navigate these complex overlapping legal frameworks.

Swimming accidents and drowning deaths can occur due to inadequate supervision, defective pool equipment, or dangerous conditions at waterfront properties. Medical negligence leading to patient deaths represents another significant category of wrongful death claims. Brain injuries sustained in accidents can prove fatal or lead to complications that eventually cause death. Doug Beam has been recognized nationally as a leader in traumatic brain injury litigation, frequently speaking at legal conferences about these complex cases. This expertise proves invaluable in wrongful death cases where brain injuries contributed to the fatal outcome.

Protecting Your Family's Rights: Next Steps

Losing a loved one is devastating, and the last thing grieving families want to think about is legal deadlines and court filings. However, understanding your rights and taking timely action is essential to protecting your family's future. The two-year statute of limitations exists to ensure cases are brought while evidence is still available and memories are fresh, but this deadline also creates urgency that families must recognize. Every day that passes is one day less for your attorney to investigate, gather evidence, and build the strongest possible case.

At Douglas R. Beam, P.A., we've guided families through wrongful death claims for over 35 years. We understand that no amount of money can replace your loved one, but financial compensation can provide stability and security during an incredibly difficult time. Our firm has recovered more than $1 billion for clients throughout Florida, and our boutique approach means every family receives the personal attention and dedicated advocacy they deserve. Unlike large-volume firms that treat cases like files on an assembly line, we take fewer cases so we can focus deeply on achieving exceptional results.

We handle wrongful death cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for your family. This arrangement ensures that everyone has access to quality legal representation regardless of their current financial circumstances. We advance all case expenses, including expert witness fees, court costs, and investigation expenses, so you never have to worry about upfront costs during this difficult time. Our commitment is simple: we only get paid when we win for you.

If you've lost a loved one due to someone else's negligence in Florida, we encourage you to contact us for a free, confidential consultation. We can review your situation, explain your options, and help you understand how the statute of limitations applies to your specific circumstances. Our team will treat you with the compassion and respect you deserve while providing honest guidance about your case. Don't let valuable time slip away. Protecting your family's rights starts with a simple conversation, and we're available around the clock to take your call.

Sources

• Florida Statute 95.11 – Limitations Other Than for the Recovery of Real Property
  
  
• Florida Statute 768.19 – Wrongful Death Right of Action
  
  
• Florida Statute 768.20 – Parties; Right to Sue
  
  
• Florida Statute 768.28 – Waiver of Sovereign Immunity in Tort Actions
  
  
• Nolo – How Florida Wrongful Death Lawsuits Work
  
  
• Searcy Law – Understanding Florida's Statute of Limitations for Wrongful Death Claims
  

This article provides general information and is not a substitute for legal advice. Laws can change, and the details of your situation matter. For personalized guidance, please contact a qualified Florida personal injury attorney.