How Long Do You Have to File a Wrongful Death Lawsuit in Florida? (2026 Deadlines)

Florida gives most families two years from the date of death to file a wrongful death lawsuit — and unlike most legal deadlines, this one has almost no forgiveness built in. But the two-year rule is only the headline. Depending on who caused the death and how, your real deadline may be shorter, longer, or — in one circumstance — may not exist at all. Here is every Florida wrongful death deadline as the law stands in 2026, with the current statute numbers (several articles ranking on Google still cite subsections that no longer exist).

The 2-year rule: Florida Statute § 95.11(5)(e)

The controlling provision is Fla. Stat. § 95.11(5)(e): an action for wrongful death must be commenced within two years. One housekeeping note that matters for anyone doing their own research: this deadline used to live at § 95.11(4)(d), and many law firm articles — including pages currently ranking on Google — still cite the old numbering. The Legislature renumbered the statute; the two-year deadline itself did not change.

When the clock actually starts

The two years run from the date of death — not the date of the accident. If a crash victim spends five weeks in the ICU before passing, the wrongful death clock starts at death, while the estate’s separate claims tied to the injury may run on their own timelines. Families sometimes assume the earliest date controls and give up months they actually had; others assume the latest date controls and run out of time. When the dates differ, have a lawyer calendar both.

Every Florida wrongful death deadline at a glance

No deadline at all: deaths caused by murder or manslaughter

Florida abolished the time limit for wrongful death claims arising from acts described in the murder and manslaughter statutes: under § 95.11(11), such an action “may be commenced at any time.” Two details in that subsection are widely misunderstood. First, no arrest, criminal charge, or conviction is required — the civil case stands on its own. Second, the no-limit rule applies only to claims against a natural person. A claim against a business connected to the death — the bar that overserved, the negligent security company, the employer — still runs on the ordinary two-year clock. Families who wait for the criminal case to finish often preserve the claim against the killer but lose the claim against the deeper pocket.

Medical malpractice deaths: the discovery rule and Florida’s “free kill” law

Malpractice deadlines are their own maze: two years from when the malpractice was discovered or reasonably should have been, a four-year outer limit, seven if fraud or concealment is proven — and before you can even sue, Chapter 766 requires a pre-suit investigation and notice process that consumes months of that window.

One more thing every Florida family should know: under § 768.21(8) — widely called the “free kill” law — parents of an adult child, and adult children of an unmarried parent, cannot recover pain-and-suffering damages in a medical negligence death case. The Legislature passed a bipartisan repeal (HB 6017) in 2025, but it was vetoed, so the law still applies in 2026. It does not mean there’s no case — economic damages and other claims may survive, and the rule applies only to medical negligence deaths. Don’t let a headline convince you not to make the call. Who can recover, and what, is covered in our companion guide to the Florida Wrongful Death Act.

Suing a government entity: the notice trap

If the death involves a government defendant — a city vehicle, a county-maintained road, a public hospital — § 768.28(6) adds a trap: you must present the claim in writing to both the agency and the Department of Financial Services within two years, and the government then gets a statutory investigation period before a lawsuit can proceed. Miss the notice and the courthouse door closes no matter how strong the case is. In practice, a government wrongful death case needs to be in a lawyer’s hands far earlier than two years.

Can the clock be paused?

Limited tolling exists under § 95.051 — for a defendant who leaves Florida, hides, or uses a false identity, and in a few other narrow situations. Two things that do not extend a standard wrongful death deadline, despite what many families assume: the victim being young (the minor-related exceptions live in medical malpractice law, not the general rule), and an ongoing criminal prosecution. Settlement negotiations with the insurance company don’t pause it either — a fact adjusters are happy not to volunteer while the clock runs.

Before anyone can file: the estate has to be opened first

Here’s the deadline inside the deadline that no one talks about. Under § 768.20, only the personal representative of the estate can file a Florida wrongful death lawsuit — not the spouse, not the children, not the parents individually. That means probate has to happen first: petitioning the court (in Pinellas County, the Sixth Judicial Circuit’s probate division), appointing the personal representative, and only then filing suit on behalf of the survivors. That process takes weeks to months, and it comes at the worst possible time for a grieving family. A two-year deadline is really an eighteen-month deadline once probate, investigation, and pre-suit work are accounted for — and the evidence dies faster still: surveillance footage is routinely overwritten within 30 days, vehicles get repaired or scrapped, and witness memories fade long before any statute runs.

Frequently asked questions

What if the deadline has already passed?

Talk to a lawyer anyway — immediately. Between the discovery rule, tolling, the murder/manslaughter exception, and claims that accrue on different dates, “too late” is a legal conclusion, not a calendar fact. Sometimes one claim is gone and another survives.

Does the criminal trial pause the civil deadline?

No. The civil clock runs during the prosecution. If the death resulted from murder or manslaughter, the claim against that person has no deadline — but claims against businesses or other negligent parties still expire at two years.

Do settlement talks with the insurer pause the deadline?

No. Negotiation has no effect on the statute of limitations. If a settlement isn’t done and the deadline is approaching, the lawsuit must be filed to preserve the claim.

What if my loved one died in another state?

The deadline of the state where the death occurred usually controls, and several states allow less than two years. If an out-of-state death touches a Florida family, get deadline advice for both states immediately.

Who is allowed to file the lawsuit?

Only the personal representative of the estate, on behalf of the surviving family members and the estate. Which survivors can recover damages — and which cannot — is governed by the Wrongful Death Act; see our full guide to who can sue and what damages are covered.

Talk to a St. Petersburg wrongful death lawyer before the clock decides for you

Jorgensen Law, P.A. has represented Pinellas County families for more than 40 years. If you’ve lost someone because of another’s negligence — no matter how recently — call (727) 347-7733 or send us a message for a free, compassionate consultation. We handle the probate, the notices, and the deadlines, so your family can focus on each other. Learn more about our St. Petersburg wrongful death practice.

Legally reviewed by Sharon P. Jorgensen, Esq., Founder