What Is the Statute of Limitations for Wrongful Death in Florida?
In Florida, the statute of limitations for wrongful death is generally 2 years under Fla. Stat. § 95.11(5)(e).
Wrongful death Deadlines in Florida
How long do you have to file a wrongful death claim in Florida?
In Florida, the statute of limitations for wrongful death is generally 2 years under Fla. Stat. § 95.11(5)(e).
When does the clock start for wrongful death in Florida?
Two years, under the two-year category in § 95.11(5).
Can the Florida deadline for wrongful death be extended?
§ 95.11(11) removes any time limit for a wrongful death action seeking § 768.21 damages against a natural person for an intentional tort resulting in death from acts described in §§ 782.04 or 782.07 — no arrest, charge or conviction is required. A claim against a government entity also requires written presentment under § 768.28(6).
Is the deadline different if the claim is against the government in Florida?
Often, yes. Written claim generally presented within 3 years under Fla. Stat. § 768.28(6)(a). Section 768.28 contains written-presentment and denial conditions before suit, with different provisions for certain claims including wrongful death and contribution. Verify the current statutory text for the specific governmental defendant and claim.
How does Florida compare to other states for wrongful death?
Florida's 2 years is in the middle of the range nationally. Across the 50 jurisdictions with a verified figure, the deadline for wrongful death ranges from 1 year to 3 years, and 2 years is the most common. Compare all states →
What Does Wrongful Death Cover?
Situations that typically fall under the wrongful death deadline in Florida:
