Losing a loved one is an incredibly painful experience, and when their death results from someone else’s actions or negligence, you may feel overwhelmed and unsure of where to turn. If you’re considering filing a wrongful death lawsuit in Florida, timing is everything. Florida law imposes strict deadlines, known as statutes of limitations, that determine how long you have to bring your claim.
In this blog, a Miami wrongful death lawyer from Ward Ruddock breaks down the statute of limitations for wrongful death in Florida, what it means for your case, and why acting promptly is so important.
What Is a Wrongful Death Claim?
Before discussing time limits, let’s first clarify what a wrongful death claim involves. A wrongful death occurs when someone dies due to the negligent, reckless, or intentional act of another person or entity. This claim allows specific family members to seek compensation for the losses caused by their loved one’s death.
Common causes of wrongful death include:
- Car accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Premises liability incidents (e.g., slip and falls)
If your loved one’s death falls into one of these categories, you may be eligible to pursue a wrongful death lawsuit.
Florida’s Statute of Limitations for Wrongful Death
In Florida, the statute of limitations for filing a wrongful death lawsuit is two years from the date of your loved one’s death, established under Florida Statute 95.11 (4)(d). Missing this two-year window means that you lose the legal right to file a claim, regardless of the case’s merit.
Keep in mind that this two-year time frame begins on the date of death – not the date of the accident or incident that caused the death. This distinction is especially critical in cases where someone passes away weeks or months after the initial injury.
Exceptions to the Two-Year Rule
While the two-year statute of limitations applies in most cases, there are a few exceptions:
- Fraud or Concealment: If the responsible party actively concealed their role in the wrongful death or committed fraud to delay the case, the court may extend the filing deadline.
- Government Entities: If your claim involves a government agency (e.g., a city vehicle or a public hospital), you must provide a formal notice of intent to file a claim within a much shorter time frame—typically within six months to one year, depending on the case. Additional procedural rules apply, and the timeline to file a claim may differ.
- Minors as Plaintiffs: If the wrongful death claim involves a surviving minor child, certain extensions may apply depending on the circumstances.
Because these exceptions are limited and complex, understanding how they apply to your case is essential and can significantly impact your ability to file a claim.
Why Timing Matters in Wrongful Death Cases
The statute of limitations isn’t just a legal deadline; it has practical implications for building your case. Acting promptly gives you and your attorney a better chance to gather strong evidence while it’s still fresh and reliable.
Here are a few reasons why acting quickly can make a difference:
- Witness Statements: Over time, memories fade, and witnesses may be harder to locate.
- Evidence Preservation: Physical evidence, medical records, and accident reports are more easily obtained soon after the incident.
- Avoiding Delays: Wrongful death cases often involve complex investigations, and starting early helps you avoid unnecessary delays in pursuing justice.
Who Can File a Wrongful Death Claim in Florida?
Florida law specifies who can file a wrongful death lawsuit. Under Florida law, the personal representative of the deceased person’s estate must file the claim. However, the lawsuit is filed on behalf of the deceased’s surviving family members.
Eligible beneficiaries in Florida include:
- The spouse of the deceased
- Children of the deceased
- Parents of the deceased
- Other blood relatives or adoptive siblings who were financially dependent on the deceased
If no personal representative has been appointed in the deceased’s will or estate plan, the court may appoint one to proceed with the claim.
What Types of Compensation Can be Recovered?
The compensation recovered can include both economic and non-economic damages, such as:
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of financial support and services
- Pain and suffering for the surviving family members
- Loss of companionship and guidance
Steps to Take If You’re Considering Filing a Wrongful Death Claim
If you believe you have a wrongful death case, acting sooner rather than later is critical. Here are the steps you can take:
- Document Everything: Collect any available records, including medical reports, accident reports, and bills related to the incident.
- Identify the Personal Representative: Ensure that the personal representative of your loved one’s estate is identified and prepared to file the claim. If no representative exists, begin the process of appointing one through the court.
- Speak with an Attorney: While you may start gathering information on your own, wrongful death claims involve intricate legal and procedural rules. Consulting with an attorney who focuses on wrongful death cases can help you move forward.
The loss of a loved one can leave you feeling overwhelmed, but understanding the statute of limitations for wrongful death in Florida is an important first step. You typically have two years from the date of death to file a lawsuit, though exceptions exist in certain circumstances. If your case involves a government entity or minors, the timelines and rules can be more complex. Acting promptly helps protect your legal rights and gives you the opportunity to pursue justice for your loved one’s death.
If you’re unsure where to begin or need guidance on filing a claim, consulting with a wrongful death lawyer in Miami, can help you determine the best path forward. By understanding Florida’s laws and acting within the required time frame, you can hold the responsible party accountable and seek the compensation your family needs to move forward.
Support When You Need It Most After Losing a Loved One
Losing someone you love because of someone else’s negligence is one of life’s most painful experiences. At Ward Ruddock, we understand how overwhelming it can feel to consider legal action while coping with grief. You don’t have to face this process alone.
Our Miami wrongful death attorneys are here to help you navigate Florida’s wrongful death laws and answer your most pressing questions. Whether you’re unsure about the statute of limitations, who can file a claim, or what damages you may pursue, we’re ready to listen, explain your options, and work toward accountability.
If you’ve been searching for compassionate legal guidance during this difficult time, reach out to us today. We offer a free, no-obligation consultation so you can share your story, discuss your legal options, and take the first step toward justice.
Call (305) 390-4259(305) 390-4259 or fill out our confidential online form to schedule your consultation. As you focus on your family, let us focus on advocating for you. While you wait for your consultation, learn more about what sets our team apart by reading reviews from clients we’ve helped in similar situations.
Copyright © 2025. Ward Ruddock. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Ward Ruddock
4770 Biscayne Blvd., Suite 600
Miami, FL 33137
(305) 390-4259(305) 390-4259
https://wardruddock.com/
