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

Losing a family member because of someone else’s negligence is one of the most devastating experiences a family can go through. In the midst of grief, practical and legal questions often feel overwhelming — and one of the most urgent is whether there is still time to pursue a wrongful death claim.

The honest answer is that time matters enormously in Florida wrongful death cases. Florida law imposes a strict deadline on when a claim must be filed, and missing that deadline almost always means losing the right to seek compensation entirely — regardless of how clear the negligence was or how serious the loss.

Kogan & DiSalvo Personal Injury Lawyers handles wrongful death cases across South Florida and the Treasure Coast with the compassion and tenacity that grieving families deserve. Here is what you need to know about Florida’s wrongful death statute of limitations — and why acting promptly is so important.

If you’ve lost a loved one due to someone else’s negligence, call Kogan & DiSalvo Personal Injury Lawyers today for a free, compassionate consultation. No fee unless we win.

What Is Florida’s Wrongful Death Statute of Limitations?

Florida’s wrongful death statute of limitations is found in Florida Statute 95.11(4)(d). Under this law, a wrongful death lawsuit must generally be filed within two years of the date of the deceased person’s death — not the date of the accident or injury that caused the death.

This distinction matters. If someone was seriously injured in a car accident on US-1 and survived for several months before passing away from their injuries, the two-year clock typically begins on the date of death, not the date of the crash. The legal clock starts running from the moment of loss — and it runs whether or not the family is ready, whether or not they have an attorney, and whether or not they have fully processed what happened.

Are There Exceptions to the Two-Year Deadline?

Florida’s two-year wrongful death deadline is strict, but a small number of exceptions and special circumstances can affect the timeline. These are narrow and should never be relied upon as a reason to delay.

Medical Malpractice Wrongful Death Cases

Wrongful death claims arising from medical malpractice are subject to different rules under Florida law. These cases carry a two-year statute of limitations from the date the cause of death was discovered — or reasonably should have been discovered — with an overall cap in most circumstances. Medical malpractice wrongful death cases involve additional procedural requirements, including a pre-suit investigation period, that make early legal involvement especially critical.

Fraud or Concealment by the Defendant

If the party responsible for the death actively concealed their negligence or fraud in a way that prevented the family from knowing the true cause of death, Florida courts may toll — pause — the statute of limitations until the concealment is discovered or reasonably should have been discovered. This exception is narrow and difficult to establish.

Claims Involving Government Entities

If the wrongful death involves a government entity — a city, county, state agency, or public hospital — Florida’s sovereign immunity laws impose additional procedural requirements and shorter notice deadlines. In many cases, a formal written notice of claim must be submitted within three years of the incident, and specific procedural rules apply before a lawsuit can be filed. These timelines are separate from and in addition to the standard statute of limitations.

Cases Involving Minors

When the wrongful death claimant is a minor child — for example, a young child whose parent was killed — Florida law may provide some tolling of the statute of limitations. The specific rules depend on the circumstances and should be discussed with an attorney promptly.

None of these exceptions should be treated as a safety net. The safest and most responsible course is always to contact an attorney as soon as possible after a wrongful death — ideally within weeks, not months or years.

Kogan & DiSalvo Personal Injury Lawyers is ready to help your family understand your rights and your timeline. Call today for a free consultation.

Who Can File a Wrongful Death Claim in Florida?

Florida’s Wrongful Death Act, found at Florida Statutes Chapter 768, governs who has the right to bring a wrongful death claim. The lawsuit must be filed by the personal representative of the deceased person’s estate — but the damages recovered are distributed to the surviving family members, called survivors, who are defined by the statute.

Eligible survivors who may recover damages under Florida’s Wrongful Death Act include:

•        The surviving spouse

•        Minor children of the deceased

•        Adult children of the deceased, in certain circumstances — particularly when there is no surviving spouse

•        Parents of a deceased minor child

•        Parents of an adult child, in limited circumstances

•        Other blood relatives or adoptive siblings who were partially or wholly dependent on the deceased for support or services

It’s important to understand that not every family member automatically has a right to recover in a Florida wrongful death case. The statute is specific about who qualifies and what each survivor can recover. An experienced wrongful death attorney can help your family understand exactly who is entitled to participate in the claim and what damages each survivor may pursue.

What Damages Can Survivors Recover in a Florida Wrongful Death Case?

Florida’s Wrongful Death Act allows survivors and the estate to recover several categories of damages, depending on the relationship to the deceased and the specific circumstances of the loss.

Damages Available to the Surviving Spouse

•        Loss of the deceased’s companionship, protection, and support

•        Mental pain and suffering from the date of injury through the death

•        A share of lost net accumulations — the income and savings the deceased would have contributed to the marital estate over their expected lifetime

Damages Available to Minor Children

•        Loss of parental companionship, instruction, and guidance

•        Mental pain and suffering

•        A share of lost support and services the parent would have provided

Damages Available to the Estate

•        Medical and funeral expenses resulting from the injury and death

•        Lost earnings from the date of injury to the date of death

•        Lost net accumulations — the portion of the deceased’s future earnings that would have gone into savings or investments

Florida’s wrongful death damages can be substantial, particularly in cases involving the death of a young person with significant earning capacity, a parent of young children, or a spouse whose contributions — financial and otherwise — were central to the family’s life. Calculating these damages correctly requires experience, economic analysis, and in many cases expert testimony.

Common Causes of Wrongful Death Cases in South Florida

Kogan & DiSalvo Personal Injury Lawyers handles wrongful death claims arising from a wide range of circumstances across South Florida and the Treasure Coast. Common causes include:

Car and truck accidents. Fatal crashes on I-95, the Florida Turnpike, US-1, and local roads throughout Broward, Palm Beach, and Martin counties account for a significant number of wrongful death cases in the region. Drunk driving, distracted driving, speeding, and commercial truck negligence are frequent causes.

Motorcycle and pedestrian accidents. South Florida’s year-round riding season and heavy tourist foot traffic create elevated risks for motorcyclists and pedestrians. Fatal accidents involving riders and pedestrians in Boca Raton, Fort Lauderdale, and West Palm Beach are among the cases Kogan & DiSalvo Personal Injury Lawyers handles regularly.

Medical malpractice. Surgical errors, misdiagnosis, medication mistakes, and failures in emergency care can have fatal consequences. Medical malpractice wrongful death cases involve complex legal and medical analysis, and the procedural requirements under Florida law make early legal involvement essential.

Premises liability. Deaths resulting from dangerous conditions on someone else’s property — including pool drownings, structural failures, and security negligence at hotels and apartment complexes — can give rise to wrongful death claims against the property owner.

Nursing home negligence. Elder abuse and neglect in Florida nursing homes and assisted living facilities is a serious and persistent problem. When substandard care contributes to a resident’s death, the family may have a wrongful death claim against the facility.

Workplace accidents and construction deaths. Fatal workplace accidents — particularly in South Florida’s active construction industry — can give rise to wrongful death claims against general contractors, property owners, equipment manufacturers, or other third parties, separate from workers’ compensation.

Why Acting Quickly Is So Important in a Florida Wrongful Death Case

Beyond the statute of limitations deadline, there are compelling practical reasons to contact a wrongful death attorney as soon as possible after a loss.

•        Evidence preservation: Physical evidence, surveillance footage, accident scene conditions, and witness memories all degrade or disappear over time. The earlier an attorney is involved, the more of this evidence can be preserved.

•        Accident reconstruction: In fatal accident cases, early investigation by experts who can reconstruct how the incident occurred is often critical to establishing liability.

•        Witness availability: Witnesses relocate, memories fade, and people become harder to locate. Interviewing witnesses while memories are fresh produces stronger testimony.

•        Medical record preservation: In cases involving medical malpractice or a period of hospitalization before death, obtaining and preserving complete medical records promptly is essential.

•        Financial planning: Wrongful death claims can take time to resolve. Families dealing with sudden loss often face immediate financial pressures, and an attorney can help identify interim resources and structure the legal process with your family’s practical needs in mind.

Your family deserves compassionate, tenacious representation. Call Kogan & DiSalvo Personal Injury Lawyers today — we’re ready to help you every step of the way.

What to Expect When You Work With Kogan & DiSalvo Personal Injury Lawyers on a Wrongful Death Case

We understand that pursuing a legal claim is the last thing most families want to think about in the aftermath of a tragic loss. But doing so is often the most meaningful way to hold the responsible party accountable, prevent the same thing from happening to another family, and secure the financial stability your loved one would have wanted for you.

When you work with Kogan & DiSalvo Personal Injury Lawyers on a wrongful death case, you can expect:

•        A free, compassionate initial consultation — no pressure, no obligation, just an honest assessment of your case and your options

•        A legal team that handles all communications with insurers, at-fault parties, and their attorneys so you can focus on your family

•        Thorough investigation and evidence preservation from day one

•        Access to expert witnesses — accident reconstructionists, medical professionals, economic analysts — who can support your case

•        Clear, regular communication so you always know where your case stands

•        A contingency fee arrangement — you pay nothing unless we recover compensation for you

Frequently Asked Questions About Florida Wrongful Death Claims

What if I’m not sure whether the death qualifies as wrongful death under Florida law?

The best way to find out is to speak with an attorney. Kogan & DiSalvo Personal Injury Lawyers offers free consultations and will give you an honest assessment of whether the circumstances of your loved one’s death support a viable claim. You don’t need to know the answer before you call.

Can multiple family members file separate wrongful death lawsuits?

No. Florida law requires that a single wrongful death lawsuit be filed by the personal representative of the deceased’s estate, on behalf of all eligible survivors. The damages recovered are then distributed among the survivors according to their respective losses. Kogan & DiSalvo Personal Injury Lawyers can help your family navigate this process and ensure all eligible survivors’ claims are properly included.

What if the person responsible for my loved one’s death is also facing criminal charges?

A criminal prosecution and a civil wrongful death claim are separate legal proceedings. The criminal case is brought by the state and seeks punishment. The civil wrongful death claim is brought by the family and seeks compensation. You can pursue a civil claim regardless of whether criminal charges are filed, and regardless of the outcome of any criminal case. The O.J. Simpson civil case is perhaps the most well-known example of this distinction.

What if the death occurred months after the accident that caused the injuries?

The two-year statute of limitations runs from the date of death, not the date of the accident. However, the circumstances and timing matter to the legal analysis. Contact Kogan & DiSalvo Personal Injury Lawyers as soon as possible after the death to ensure your family’s rights are protected from the moment the clock starts running.

How long does a Florida wrongful death case typically take to resolve?

Timelines vary depending on the complexity of the case, the number of parties involved, the clarity of liability, and whether the case settles or goes to trial. Some cases resolve within a year; complex cases — particularly those involving medical malpractice or multiple defendants — may take longer. Kogan & DiSalvo Personal Injury Lawyers will pursue your case as efficiently as possible while never compromising on the quality of representation your family deserves.

You don’t have to face this alone. Kogan & DiSalvo Personal Injury Lawyers has helped families across South Florida and the Treasure Coast find justice after devastating losses — and we’re ready to stand with your family too.

Injured in Florida? Let Kogan & DiSalvo Personal Injury Lawyers help you get the compensation you deserve. Call today for your free consultation.

This content is for general informational purposes only and does not constitute legal advice. Contact Kogan & DiSalvo Personal Injury Lawyers for guidance specific to your situation.