How long do I have to file a wrongful death lawsuit in Florida?

What is Florida's wrongful death statute of limitations?

In Florida, a wrongful death lawsuit must be filed within two years, and it is brought by the personal representative of the person who died. One exception: a lawsuit against an individual for an intentional wrongful act causing death that is described in Florida's murder or manslaughter laws may be filed at any time.

A statute of limitations is the time the law gives you to start a lawsuit; a lawsuit started too late is barred. Wrongful death means a death caused by someone's wrongful act, negligence (carelessness), default, or breach of contract or warranty, when the person who died could have sued and recovered damages if they had lived. A personal representative is the person a court appoints to manage the estate. That two-year rule, in section 95.11(5)(e), Florida Statutes, is Florida's wrongful death statute of limitations, or wrongful death deadline.

The two years runs from when the claim "accrues," meaning when the last element, or piece, of the claim occurs, unless the statutes say otherwise. If a Florida state or local government agency may be responsible, a written claim must also go to the Department of Financial Services within 2 years after the claim accrues. For more about these cases, see the page on wrongful death lawyers in Melbourne.

What does Florida law say about the wrongful death deadline?

What counts as a wrongful death?

Section 768.19, Florida Statutes, covers a death "caused by the wrongful act, negligence, default, or breach of contract or warranty of any person," including on navigable waters, when the person who died could have sued and recovered damages if they had lived. It applies even if the death happened in circumstances that are a felony.

The two-year deadline

Section 95.11, Florida Statutes, lists, under the heading "WITHIN TWO YEARS," paragraph (5)(e): "An action for wrongful death." And under section 95.011, Florida Statutes, a lawsuit "shall be barred unless begun within the time prescribed" by the statutes.

Did the 2023 change shorten it?

No: the 2022 edition of section 95.11 also listed "An action for wrongful death" under its two-year heading, as paragraph (4)(d). So the deadline was two years before the 2023 change and is two years now. Lawsuits for an injury caused by negligence are different: they had four years before the change and now must be filed within two years, but only for claims that arose after chapter 2023-15, Laws of Florida, took effect on March 24, 2023, as explained in How long do I have to file a personal injury claim in Florida?

When does the clock start?

Section 95.031, Florida Statutes, says the time to sue "runs from the time the cause of action accrues," and a claim accrues "when the last element constituting the cause of action occurs." In plain words, the clock starts when the last piece of the claim happens, unless the statutes say otherwise. Judges decide how that applies to each death.

Who files the lawsuit?

Section 768.20, Florida Statutes, says: "The action shall be brought by the decedent’s personal representative," who recovers damages for "the decedent’s survivors and estate." Section 731.201, Florida Statutes, part of Florida's Probate Code, defines a personal representative as "the fiduciary appointed by the court to administer the estate," the role once called an executor or administrator.

What if a government agency is responsible?

Before anyone sues a Florida state or local government agency, section 768.28, Florida Statutes, sets a general rule: the claim must be presented in writing to the agency, and also to the Department of Financial Services unless the claim is against a city or other municipality, a county, or the Florida Space Authority, "within 3 years after such claim accrues," and the claim must be denied in writing. For wrongful death, "the claimant must present the claim in writing to the Department of Financial Services within 2 years after the claim accrues."

If the agency or the Department of Financial Services makes no final decision within 6 months after a claim is filed, that counts as a final denial; for medical malpractice and wrongful death claims, that period is 90 days. The wrongful death deadline is also paused, or "tolled," for the time the Department of Financial Services or the agency takes to deny the claim. A negligence lawsuit against a state or local government agency must be filed within 4 years after the claim accrues, but medical malpractice and wrongful death lawsuits "must be commenced within the limitations for such actions in s. 95.11(5)." For wrongful death, that means two years, not four.

The murder and manslaughter exception

Section 95.11(11) says a wrongful death lawsuit "brought against a natural person for an intentional tort resulting in death from acts described in s. 782.04 or s. 782.07 may be commenced at any time." Section 782.04 and section 782.07 are Florida's murder and manslaughter laws. In plain words, that lawsuit against an individual may be filed at any time, and no arrest, criminal charge, or conviction is required first. Chapter 2010-45, Laws of Florida, removed the deadline for these lawsuits against the individual who committed the act; the rule took effect May 11, 2010, and reaches earlier deaths only if the claim was not already time-barred on that date.

Are there exceptions to the wrongful death deadline?

These are general examples, not advice about your family's case.

A crash, a fall, or other carelessness

A death caused by a car crash, a fall, or other carelessness by a private person or a business has a two-year deadline, but see Other kinds of deaths below. If the injury and the death happened on the same day, count two years from that day; if they happened on different days, talk to a lawyer right away about which date starts the clock. For crash deaths, see the page on fatal car accident lawyers in Melbourne.

A government vehicle, worker, or property

If a city bus, a county truck, a state vehicle, a government worker, or public property was involved, there is no four-year rule for the death claim. The written claim must go to the Department of Financial Services within 2 years after the claim accrues, and the lawsuit follows the two-year limit in section 95.11(5). These rules overlap, so have a lawyer work out your exact dates.

A death described in the murder or manslaughter laws

The no-deadline rule covers only a lawsuit against the individual who caused the death by an intentional wrongful act those laws describe. Whether a death caused by a drunk or reckless driver fits this rule is a question for a lawyer, so families after a crash should plan on two years.

A death before March 24, 2023

Still two years, because the 2022 law also set two years for a wrongful death lawsuit.

Other kinds of deaths

If the death followed medical care, nursing home care, a boating accident, or a defective product, ask a lawyer right away which deadline applies. If your loved one was hurt but survived, see How long do I have to file a personal injury claim in Florida?

What else do families ask about the deadline?

Who has to file the lawsuit before the deadline?

The personal representative, the person the court appoints to manage the estate, files the lawsuit for the survivors and the estate, so family members do not each file their own. More detail is in Who can file a wrongful death lawsuit in Florida?

Do we have to wait for the criminal case to end?

For a death caused by an intentional wrongful act described in the murder or manslaughter laws, no arrest, criminal charge, or conviction is required before filing against the individual. For other deaths, a criminal case is not one of the reasons section 95.051, Florida Statutes, lists for pausing a deadline, so plan on two years.

Can anything pause the two-year deadline?

Under section 95.051, reasons that pause, or "toll," a deadline include the person to be sued being out of Florida, using a false name unknown to the person entitled to sue so the lawsuit papers cannot be served, or hiding in Florida so the papers cannot be served, unless the papers can be served another way the law allows. Section 95.051 also says no disability or other reason pauses a deadline except those listed in that section, section 95.091, the Florida Probate Code, or the Florida Guardianship Law. Separately, section 768.28 pauses the deadline for a wrongful death claim against a state or local government agency for the time the agency or the Department of Financial Services takes to deny the claim.

What happens if we miss the deadline?

A lawsuit not started within the time the statutes set is barred, and for wrongful death that time is two years, unless the murder and manslaughter exception applies. To learn how the case itself works, read How does a wrongful death lawsuit work in Florida?

What should your family do now to protect the claim?

• Write down the date of the injury and the date of death, plan around two years, and ask a lawyer which date starts the clock.
• Start having a court appoint a personal representative early, since the personal representative brings the lawsuit.
• If a government vehicle, worker, or property was involved, get the written claim to the agency, and to the Department of Financial Services, well within 2 years after the claim accrues.
• Keep the death certificate, crash or incident report, photos, witness names, and medical and funeral bills. A survivor who paid medical or funeral expenses caused by the injury or death may recover them; see Who gets the money in a Florida wrongful death case?
• Do not wait on a criminal case or on insurance talks. Neither is a reason section 95.051 lists for pausing the deadline.

The date that matters most: file the wrongful death lawsuit within two years, unless the murder and manslaughter exception applies.

Talk to a Melbourne wrongful death lawyer

We are sorry for your loss. Douglas R. Beam, P.A. is a personal injury law firm in Melbourne, Florida. If you are not sure which deadline applies to your family, we can talk it through in a free consultation.

Call us at (321) 723-6591, or use the contact form on this site. Our office is at 25 West New Haven Avenue, Suite C, Melbourne, FL 32901.

Sources

• Section 95.11, Florida Statutes (2026)
• Section 95.11, Florida Statutes (2022 edition)
• Chapter 2023-15, Laws of Florida
• Section 95.031, Florida Statutes (2026)
• Section 95.011, Florida Statutes (2026)
• Section 95.051, Florida Statutes (2026)
• Section 768.19, Florida Statutes (2026)
• Section 768.20, Florida Statutes (2026)
• Section 731.201, Florida Statutes (2026)
• Section 768.28, Florida Statutes (2026)
• Section 782.04, Florida Statutes (2026), murder
• Section 782.07, Florida Statutes (2026), manslaughter
• Chapter 2010-45, Laws of Florida