Wrongful Death Statute of Limitations in Florida
Last verified 2026-07 · Source: Fla. Stat. § 768.19; Fla. Stat. § 95.11(5)(e) ✓ verified · 3 sources
The deadline
2 years
from Date of death, under Fla. Stat. § 768.19; Fla. Stat. § 95.11(5)(e).
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The deadline to file a wrongful death lawsuit in Florida is 2 years, set by Fla. Stat. § 768.19; Fla. Stat. § 95.11(5)(e). It starts running on Date of death. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Florida Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Wrongful Death | 2 years | Fla. Stat. § 768.19; Fla. Stat. § 95.11(5)(e) |
| Car Accident | 2 yrs | Fla. Stat. § 95.11(5)(a) |
| Credit Card Debt | 5 yrs | Fla. Stat. § 95.11(2)(b) |
| Medical Malpractice | 2 yrs | Fla. Stat. § 95.11(5)(c) |
| Personal Injury | 2 yrs | Fla. Stat. § 95.11(3)(a) |
| Dog Bite | 2 yrs | Fla. Stat. § 767.04 (strict liability); SOL: Fla. Stat. § 95.11(3)(a) (as amended effective March 24, 2023) |
| Slip and Fall | 2 yrs | Fla. Stat. § 95.11(3)(a) |
| Defamation | 2 yrs | Fla. Stat. § 95.11(5)(h) |
| Breach of Contract | 5 yrs | Fla. Stat. § 95.11(2)(b) |
| Medical Debt | 5 yrs | Fla. Stat. § 95.11(2)(b) |
When the Clock Starts
In Florida, the limitations period for wrongful death claims generally begins on Date of death. Florida does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Fla. Stat. § 768.28 requires pre-suit written notice to the agency and the Department of Financial Services. Government entity damage cap: $200,000 per claimant / $300,000 per incident. Agency has 90 days to respond for wrongful death claims (6 months for other torts). Written denial or deemed denial required before filing suit. Claimant must provide SSN and disclose unpaid state judgments over $200.
- Damage caps: No general cap on wrongful death damages. Government entity claims capped at $200,000 per person / $300,000 per incident under § 768.28. Florida Supreme Court struck down medical malpractice wrongful death caps in Estate of McCall v. United States (2014).
Personal representative of estate must file on behalf of all survivors (§ 768.20). Survivors include spouse, children, parents, and blood/adoptive relatives who were partly or wholly dependent. No statute of limitations for wrongful death from murder (§ 782.04) or manslaughter (§ 782.07) per § 95.11(11). The Florida Wrongful Death Act is codified at §§ 768.16-768.26. Florida does not have a separate survival action; the wrongful death act is the exclusive remedy.
Source: Fla. Stat. § 768.19; Fla. Stat. § 95.11(5)(e), official Florida statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Florida government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Florida Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Florida | 2 years | Fla. Stat. § 768.19; Fla. Stat. § 95.11(5)(e) |
| Georgia | 2 yrs | O.C.G.A. § 51-4-1 et seq.; O.C.G.A. § 9-3-33 |
| Alabama | 2 yrs | Ala. Code § 6-5-410 |
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Florida?
You have 2 years from Date of death, under Fla. Stat. § 768.19; Fla. Stat. § 95.11(5)(e).
Can I still sue after 2 years in Florida?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
Florida generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Fla. Stat. § 768.28 requires pre-suit written notice to the agency and the Department of Financial Services. Government entity damage cap: $200,000 per claimant / $300,000 per incident. Agency has 90 days to respond for wrongful death claims (6 months for other torts). Written denial or deemed denial required before filing suit. Claimant must provide SSN and disclose unpaid state judgments over $200.
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Sources
- Official Florida Statutes § 95.11 - Limitations Other Than for the Recovery of Real Property
- Corroborating Nolo - Florida Wrongful Death Lawsuits: Who Can File, Deadlines, and Damages
- Corroborating FindLaw - Florida Wrongful Death Laws
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Florida attorney.