How Long Do You Have to File a Wrongful Death Action in Florida?

How long do you have to file a wrongful death action in Florida? In general, the statute of limitations for wrongful death cases in Florida is two years from the date of death. There are some very notable exceptions to this rule, for example, in a medical malpractice case. The statute of limitations is two years from the date that you knew or should have known that malpractice existed.

Now, there are some exceptions to that rule. For example, if you didn’t know that Malpractice existed within four years, then the statute of limitations for wrongful death, which is two years from the date of death, would be the appropriate statute of limitations. Another extremely notable exception to the statute of limitations for wrongful death is if the death is caused by murder, manslaughter, or an intentional tort. In other words, if the death was caused intentionally, then there is no statute of limitations.

You can bring that case forward for the rest of the life of the survivors. So, for example, let’s say somebody got away with murder or manslaughter, and they weren’t convicted in criminal court. And then they go on to win the lottery or build a very successful career.

Well, at any time, that person can be hit with a wrongful death lawsuit as long as there is a survivor alive to bring the suit forward. But ultimately, it’s two years from the date of death. One thing I want to mention, though, is you do not want to wait two years or even one year from the date of death to bring the wrongful death lawsuit because it takes time to build the evidence. In fact, the evidence on any wrongful death lawsuit or any personal injury lawsuit at all, starts to fade as soon as the injury occurs. 

As soon as the injury-causing act has happened, the evidence starts to fade. And the longer you go without investigating and gathering the evidence to support the lawsuit, the less evidence you’re going to have to be able to prosecute the claim. So, it’s very important to call an experienced wrongful death lawyer as soon as possible and discuss the possible claim if you think you might have a wrongful death lawsuit. Again, in Florida, it’s two years from the date of death.

Remember, there is no statute of limitations if the death was caused by murder or manslaughter if you’re pursuing a case against the person that did the intentional act. My name is Jimmie Fasig. I am a wrongful death lawyer. If you have any questions about this or anything else related to wrongful death, please call me at 850-777-7777.


Jimmy Fasig

Wrongful Death Attorney

Fasig Brooks Law Offices