Few things in a wrongful death case are as unforgiving as the deadline. Florida sets a firm time limit to file, and once it passes the claim is usually gone for good, no matter how clear the fault. The general rule is simple, but the exceptions matter, and some of them work in a family’s favor.
The general rule: two years
A wrongful death claim generally must be filed within two years of the date of death under Fla. Stat. 95.11. The clock runs from the death, not from the underlying injury, which matters when someone is hurt and dies later: the wrongful death deadline is measured from the death itself. Missing it ordinarily bars the claim for good, so the date of death is the date to build everything around.
Florida sets hard deadlines on a wrongful death claim, and a missed one can end a family’s case before it begins. I calendar those dates the moment I take a case so the clock never costs you your claim. I represent families, not insurance companies, and I came up as a public defender in the courtroom, trying case after case and cross-examining witnesses until it was routine. I handle the claim personally, coordinate the probate steps Florida law requires, and stay ready to try the case when an insurer will not treat your family fairly. Putting a case in front of a jury is often what moves an insurer to pay fair value. Learn more about my background.
When there is no deadline at all
Florida carves out a striking exception. A wrongful death caused by murder or manslaughter has no statute of limitations. That reaches further than many families expect, because a fatal crash caused by a drunk driver is often charged as DUI manslaughter, which is a form of manslaughter. Where that fits, the usual two-year limit may not apply at all. Whether a given case qualifies turns on the charge and the facts, so it is something to confirm rather than assume, and I cover the drunk-driving side on drunk-driving wrongful death.
Medical malpractice and government defendants
Two other situations follow their own clocks. A wrongful death based on medical malpractice has distinct timing rules tied to when the malpractice was or should have been discovered. And a claim against a government entity requires written notice within a set period under Fla. Stat. 768.28 before suit, with the review process affecting the timeline. Both carry procedural traps that have to be handled early.
Why early still matters
Even where extra time might exist, waiting costs a family. Witnesses move and forget, records are discarded, and physical evidence disappears. The legal deadline is the outer boundary, not the goal. The real work of preserving proof begins long before any limitations period runs out.
Common Questions
How long do I have to file a wrongful death claim in Florida?
Generally two years from the date of death under Fla. Stat. 95.11. This is a strict deadline, and missing it usually bars the claim permanently, regardless of how strong it would have been.
Is the deadline measured from the death or the injury?
From the date of death, not the date of the injury that caused it. When an injury later proves fatal, the two-year wrongful death clock runs from the death itself, which can differ from the deadline that applied to the original injury claim.
Are there exceptions to the two-year deadline?
Yes. A wrongful death caused by murder or manslaughter has no statute of limitations at all in Florida, so a death from a crime such as DUI manslaughter may not be subject to the usual two-year limit. Medical malpractice deaths and claims against government entities follow their own timing rules.
What if the death was caused by a drunk driver charged with DUI manslaughter?
Because Florida removes the deadline for deaths caused by manslaughter, a fatal crash charged as DUI manslaughter may fall outside the two-year limit. Whether it does depends on the charge and the facts, so it should be confirmed rather than assumed, and acting early is still the safest course.
What if a government entity is responsible?
Claims against a government entity require written notice within a set period and follow the rules in Fla. Stat. 768.28, which differ from an ordinary claim. These cases have their own procedural traps, so they need attention early.
Related: Wrongful death overview, Drunk-driving deaths, Proving the claim, The personal representative, and About Rory Safir.
This page is general information about Florida wrongful death law, not legal advice, and it does not create an attorney-client relationship. The governing authority is Fla. Stat. 95.11 (limitations), including the exception removing the deadline for deaths caused by murder or manslaughter, with government claims governed by Fla. Stat. 768.28. Every case is different, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely on advertisements.
