Florida law gives most wrongful death families two years to file a civil lawsuit. That deadline is set by Florida Statutes § 95.11, and it typically begins on the date of death—not the date of the accident or injury. Miss that window, and the court will almost certainly dismiss the case, no matter how strong it is.

If you lost a loved one due to someone else’s negligence, understanding this deadline is the first step toward protecting your family’s legal rights. This guide covers everything you need to know—who can file, what counts as a wrongful death claim, exceptions to the two-year rule, what compensation may be available, and how an experienced Miami wrongful death lawyer can help you act before it’s too late.

Key Takeaways

  • Florida Statutes § 95.11 sets a two-year statute of limitations for most wrongful death lawsuits, starting from the date of death.
  • The personal representative of the decedent’s estate—not individual family members—must file the lawsuit.
  • Exceptions exist for intentional acts such as murder or manslaughter, and for medical malpractice cases, which carry additional procedural rules.
  • Wrongful death claims against government entities may require written notice before a lawsuit can proceed.
  • Missing the deadline typically means losing the right to recover any compensation, regardless of the merits of the case.

Florida’s Wrongful Death Deadline Is Usually Two Years

Florida Statute § 95.11 and the Two-Year Filing Window

Under Florida Statutes § 95.11, a wrongful death action must generally be filed within two years of the date of death. A statute of limitations is simply the legal deadline to file a lawsuit. After that window closes, the defendant or their insurance company can ask the court to dismiss the case—and courts routinely grant that request.

This two-year deadline applies to most wrongful death civil lawsuits in Florida, including those stemming from car accidents, truck crashes, premises liability incidents, and nursing home neglect. Waiting too long eliminates the family’s legal options entirely.

Does the Deadline Start on the Accident Date or the Date of Death?

The deadline starts on the date of death, which is often different from the date of the accident or injury.

Consider this example: A pedestrian is struck by a vehicle in January but survives for several weeks before dying from their injuries in February. The two-year clock starts in February—on the date of death—not the date of the crash.

This distinction matters. Do not assume you have extra time because the accident happened earlier. And do not assume you have less time because the injuries were severe from the start. Have an attorney calculate the exact deadline for your specific situation as early as possible.

What Counts as a Wrongful Death Claim in Florida

Florida’s Legal Definition of Wrongful Death

Under the Florida Wrongful Death Act (Florida Statutes §§ 768.16–768.26), a wrongful death claim may arise when a person dies as a result of:

  • Negligence — such as a distracted driver or careless property owner
  • A wrongful act — including reckless or intentional conduct
  • Default — a failure to act when action was required
  • Breach of contract or warranty — including certain product liability cases

Common scenarios that give rise to wrongful death claims in Florida include:

  • Fatal car accidents and truck accidents
  • Motorcycle accidents and pedestrian accidents
  • Medical malpractice resulting in death
  • Nursing home neglect or abuse
  • Premises liability incidents
  • Defective products

If a viable personal injury claim existed before the person died, that claim generally converts into a wrongful death action upon death.

Wrongful Death Is Different From a Personal Injury Claim

Personal injury claims belong to the injured person while they are alive. A wrongful death claim is different—it arises after death and is brought for the benefit of eligible survivors and the estate.

This distinction also affects ongoing cases. If an injured person files a personal injury lawsuit and later dies from those injuries, the case does not simply continue. It must be converted into a wrongful death action, with the personal representative stepping in as the party pursuing the claim. Families in this situation should work with a Miami personal injury lawyer immediately to avoid procedural missteps.

Who Can File a Wrongful Death Lawsuit in Florida

The Personal Representative Must Bring the Case

Florida law requires that wrongful death lawsuits be filed by the personal representative of the decedent’s estate—not by individual family members acting on their own.

The personal representative is the person legally authorized to manage the estate. This role is typically established through the decedent’s will or through a probate court appointment. The personal representative files the lawsuit on behalf of the estate and all eligible survivors.

If no personal representative has been appointed, the family may need to complete probate-related steps before the lawsuit can proceed. This process takes time, which is another reason to contact an attorney as early as possible after a loved one’s death.

Which Family Members May Benefit From the Claim?

While the personal representative files the lawsuit, the following people may be eligible to recover compensation through a Florida wrongful death claim:

  • Surviving spouse
  • Children of the decedent
  • Parents of the decedent
  • Certain dependent relatives who relied on the decedent for support or services
  • The estate itself

Florida’s wrongful death damages statute requires that all potential beneficiaries—including the estate—be identified in the complaint. Different survivors recover different categories of damages depending on their relationship to the decedent.

Are There Exceptions to Florida’s Two-Year Wrongful Death Statute of Limitations

Death Caused by Intentional Acts, Murder, or Manslaughter

Florida Statutes § 95.11 includes a specific provision for wrongful death actions based on intentional torts. When a death results from acts described under Florida’s murder or manslaughter statutes, certain civil wrongful death claims may be filed at any time, with no statute of limitations deadline.

This means a family may still have the right to file a civil wrongful death lawsuit even years after a criminal case concludes—or without any criminal prosecution at all.

It is important to understand that a civil wrongful death case runs separately from any criminal prosecution. A criminal conviction is not required to pursue civil liability, and the legal standards differ. However, this exception is highly fact-specific. Whether it applies in a particular case should always be reviewed by an experienced wrongful death attorney.

Medical Malpractice Wrongful Death Cases

When a death results from medical negligence, the case does not follow the same rules as a standard wrongful death claim. Medical malpractice wrongful death cases in Florida involve:

  • Their own statute of limitations and concepts of statute of repose
  • Mandatory presuit investigation requirements before a lawsuit can be filed
  • Formal notice to all potential defendants
  • Expert review of medical records to establish that a deviation from the standard of care occurred

Florida law defines medical malpractice claims as those arising from medical, dental, or surgical diagnosis, treatment, or care. These procedural requirements add significant time to the preparation process. Families should not wait, even if they believe the two-year clock has not yet started.

Wrongful Death Claims Against Government Entities

Wrongful death claims against Florida state agencies, municipalities, counties, public hospitals, or government vehicles carry a critical procedural trap. Under Florida’s sovereign immunity statute, families must present a written claim to the appropriate government agency within two years after the claim accrues—and agency review can affect the timing and procedure for filing a lawsuit.

Missing or mishandling these notice requirements can end a valid claim before it ever reaches a courtroom.

If a government entity may have contributed to the death of your loved one, contact a wrongful death attorney immediately. Government liability cases require early action and careful procedural compliance.

What Happens If You Miss the Wrongful Death Filing Deadline

The Court May Dismiss the Case

Filing a wrongful death lawsuit after the statute of limitations expires carries a predictable outcome—the defendant or their insurer will raise the deadline as a defense, and the court will likely dismiss the case.

This applies to every case, regardless of how clear the negligence was or how serious the harm. A defendant who caused a fatal accident through reckless driving can walk away from civil liability simply because the family waited too long to file. Insurance companies know this, and they use it.

Why You Should Not Wait Until the Two-Year Mark

Two years sounds like a long time. In wrongful death litigation, it is not. Here is why:

  • Evidence disappears — surveillance footage gets overwritten, vehicles get repaired or crushed, physical evidence gets lost
  • Witnesses’ memories fade — eyewitness accounts become less reliable over time
  • Medical records take time to obtain — especially in complex malpractice cases
  • Expert witnesses require preparation time — accident reconstructionists, medical experts, economists, and life care planners need months to complete their work
  • Probate steps may need to be completed before the personal representative can file
  • Insurance companies delay — the longer they wait, the weaker your position becomes

Starting early gives your attorney the best opportunity to build the strongest possible case.

What Compensation May Be Available in a Florida Wrongful Death Case

Compensation for Surviving Family Members

Florida’s wrongful death damages statute allows eligible survivors to recover compensation based on their relationship to the decedent. Common categories include:

  • Loss of support and services — the financial contributions the decedent provided to the family
  • Loss of companionship and protection — available to the surviving spouse
  • Mental pain and suffering — available to the surviving spouse and, in some circumstances, minor children and parents
  • Loss of parental companionship, instruction, and guidance — available to minor children
  • Funeral and medical expenses paid by survivors

According to a report by the Florida Department of Highway Safety and Motor Vehicles, Miami-Dade County consistently records among the highest rates of fatal traffic crashes in the state—making wrongful death claims a significant legal issue for South Florida families. The financial and emotional losses in these cases are often substantial.

Compensation for the Estate

The estate may also recover damages that are separate from what individual survivors receive. These include:

  • Lost earnings from the date of injury to the date of death
  • Lost net accumulations — the savings and future financial growth the decedent would have generated during their expected lifetime
  • Medical and funeral expenses charged to the estate

The total value of a wrongful death case depends heavily on the decedent’s age, income, health, family relationships, and the specific circumstances of the death. No two cases are identical, which is why a personalized legal evaluation matters.

How a Miami Wrongful Death Attorney Can Help Protect the Deadline

Calculate the Exact Filing Deadline

Determining the correct filing deadline in a Florida wrongful death case requires more than counting two years from the date of death. An experienced attorney will:

  • Confirm the exact date of death and identify when the statute of limitations began
  • Identify all potential defendants—individuals, businesses, and government entities
  • Determine whether medical malpractice rules, product liability rules, government notice requirements, or intentional tort exceptions apply
  • Confirm whether a personal representative has been appointed, and coordinate with the probate process if one has not

Getting this wrong has permanent consequences.

Investigate Liability Before Evidence Disappears

A thorough wrongful death investigation begins immediately after the attorney is retained. The legal team at Jimenez Mazzitelli Mordes works quickly to:

  • Secure accident reports and law enforcement records
  • Preserve video footage before it is overwritten or deleted
  • Obtain and review medical records to establish the cause of death and any related negligence
  • Interview witnesses while their accounts are still fresh
  • Retain experts such as accident reconstructionists, forensic medical professionals, economists, and life care planners when needed

This investigative foundation directly affects whether the case settles favorably or succeeds at trial.

Handle Insurance Companies and Litigation Strategy

Insurance companies representing the at-fault party work to minimize what they pay. Their adjusters may dispute causation, challenge the severity of damages, or delay the process hoping families will give up or settle for less.

Jimenez Mazzitelli Mordes provides aggressive litigation-focused representation. The firm prepares every wrongful death case as if it will go to trial—because that readiness is what drives fair outcomes. Whether the case resolves through settlement negotiations or proceeds to a jury verdict, the firm’s attorneys are prepared for both paths.

Why Families in Miami Choose Jimenez Mazzitelli Mordes

Florida Litigators Handling Serious Injury and Wrongful Death Matters

Jimenez Mazzitelli Mordes is a Miami-based litigation firm representing victims of serious injury and wrongful death throughout South Florida. The firm handles:

  • Fatal car accidents, truck accidents, and motorcycle crashes
  • Medical malpractice resulting in death
  • Nursing home neglect and abuse
  • Premises liability and product liability wrongful death cases

The firm’s attorneys have recovered multi-million-dollar verdicts and settlements for clients across Miami-Dade County. Notable results include a $1.65 million settlement in a medical malpractice case, a $1.7 million trial verdict in a premises liability matter, and a $1.1 million verdict in a nursing home negligence case.

Jimenez Mazzitelli Mordes holds recognition from Super Lawyers, Florida Legal Elite, and the Multi-Million Dollar Advocates Forum. The firm is rated 5.0 out of 5 based on more than 300 Google reviews.

The firm’s office is located at 9350 South Dixie Highway, Miami, FL 33156, and the team serves clients throughout Miami-Dade County, Broward County, Palm Beach County, and the Florida Keys. Bilingual services are available in English and Spanish.

No Fees Unless We Win

Jimenez Mazzitelli Mordes handles all wrongful death cases on a contingency fee basis:

  • $0 upfront costs
  • No hourly billing
  • No attorney fees unless compensation is recovered
  • Free initial case consultation

This fee structure ensures that every grieving family—regardless of financial means—has access to experienced legal representation.

Frequently Asked Questions

What is the statute of limitations for wrongful death in Florida?

Florida Statutes § 95.11 sets a two-year statute of limitations for most wrongful death actions. The clock generally starts on the date of death, not the date of the accident or injury. Missing this deadline typically results in the case being dismissed permanently.

Does the two-year wrongful death deadline start on the accident date or the date of death?

The deadline starts on the date of death. If a person is injured in January but dies from those injuries in March, the two-year filing window begins in March. Always have an attorney confirm the exact deadline based on the facts of your case.

Who can file a wrongful death lawsuit in Florida?

Under Florida law, the personal representative of the decedent’s estate files the wrongful death lawsuit on behalf of all eligible survivors and the estate. Individual family members cannot file on their own. If no personal representative exists, probate steps may be required first.

What are the exceptions to Florida’s two-year wrongful death statute of limitations?

Two key exceptions exist. First, wrongful death claims based on intentional acts described under Florida’s murder or manslaughter statutes may be filed at any time. Second, medical malpractice wrongful death cases carry their own timing rules and presuit requirements. Government entity claims also involve separate notice requirements that can affect deadlines.

Can a family sue for wrongful death if there was also a criminal case?

Yes. A civil wrongful death lawsuit runs separately from any criminal prosecution. A criminal conviction is not required to pursue civil liability, and the burden of proof in a civil case is lower than in a criminal case.

What damages can survivors recover in a Florida wrongful death case?

Eligible survivors may recover loss of financial support and services, loss of companionship and protection, mental pain and suffering, loss of parental guidance, and funeral or medical expenses they paid. The estate may separately recover lost earnings from injury to death, lost net accumulations, and medical or funeral expenses charged to the estate.

What happens if I miss the wrongful death filing deadline in Florida?

The defendant or their insurance company will raise the statute of limitations as a defense, and the court will almost certainly dismiss the case. Even strong, well-documented claims are lost permanently when filed after the deadline expires.

How do wrongful death claims against Florida government entities work?

Claims against state agencies, municipalities, counties, or public hospitals require written notice before a lawsuit can be filed. Florida’s sovereign immunity statute requires that written claim presentation occur within two years after the claim accrues. Failing to comply with these notice rules can bar the claim entirely.

How long does a wrongful death lawsuit take to resolve in Florida?

Timelines vary significantly. Some cases settle within 12 to 18 months. Complex cases involving medical malpractice, multiple defendants, or trial litigation can take two to four years. The investigation, expert retention, and presuit requirements in malpractice cases add additional time before a lawsuit is even filed.

How much does it cost to hire a Miami wrongful death attorney?

At Jimenez Mazzitelli Mordes, wrongful death cases are handled on a contingency fee basis. Families pay nothing upfront and owe no attorney fees unless compensation is recovered. The initial consultation is completely free.

Speak With a Miami Wrongful Death Attorney Before the Deadline Expires

The two-year deadline under Florida Statutes § 95.11 does not pause while families grieve. Evidence fades, witnesses move on, and insurance companies work against your interests from the moment a death occurs.

We at Jimenez Mazzitelli Mordes understand how devastating it is to lose a loved one because of someone else’s negligence. That is why we offer a free case consultation—no pressure, no commitment, just straight answers about your rights and your options.

Our team will review your case, identify the correct filing deadline, determine who is responsible, and begin building the strongest possible claim on your family’s behalf. We handle every wrongful death case on a contingency fee basis, which means you pay nothing unless we recover compensation for you.

Call Jimenez Mazzitelli Mordes at (305) 548-8750 or schedule your free consultation online. Our office is located at 9350 South Dixie Highway, Miami, FL 33156, and we serve families throughout Miami-Dade County, Broward County, Palm Beach County, and beyond.

Do not wait. Contact us today to speak with a Miami wrongful death lawyer who will fight to protect your family’s rights—and hold the responsible parties accountable.