Wrongful Death Law in Florida
This page covers wrongful death law as it applies in Florida — the state and federal laws that govern it, filing deadlines, where to get help, and notable in-state decisions. For what wrongful death protects generally, see the national overview.
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Quick answer
Florida's Wrongful Death Act (§§ 768.16–768.26, Fla. Stat.) lets certain surviving family members seek compensation when a death is caused by another party's wrongful act or negligence. Only the deceased person's personal representative—the person appointed to manage the estate—may file the lawsuit, though they do so on behalf of eligible survivors such as a spouse, children, and parents. Deadlines are strict: most claims must be filed within two years of the date of death. Contact an attorney as soon as possible to protect your rights.
Laws that govern wrongful death in Florida
Florida state law
- Florida Wrongful Death Act§§ 768.16–768.26, Fla. Stat.
Establishes the right to bring a wrongful death action in Florida, defines eligible survivors and recoverable damages, and sets the procedural framework for who may file and what compensation is available.
- Limitations of Actions§ 95.11, Fla. Stat.
Sets the time limits for filing civil lawsuits in Florida, including the two-year period for general wrongful death and the two-year period with four-year outer limit for wrongful death arising from medical malpractice.
- Waiver of Sovereign Immunity in Tort Actions§ 768.28, Fla. Stat.
Governs wrongful death and other tort claims against Florida state and local government entities, including the written pre-suit notice requirement and the process for agency review before a lawsuit may be filed.
Florida-specific deadlines for wrongful death cases
Enter the date your problem happened to see which deadlines may already have passed. Not every deadline applies to every situation — this is a general estimate, not legal advice. Deadlines can be shorter, paused, or extended.
- Deadline to file a wrongful death lawsuit (general): 2 years
The two-year period begins on the date of death. Exception: if the death resulted from an intentional act qualifying as murder or manslaughter, there is no filing deadline under Florida law.
§ 95.11(4)(d), Fla. Stat.
- Deadline to file a wrongful death lawsuit arising from medical malpractice: 2 years (no later than 4 years from the date of the incident)
The lawsuit must be filed within two years of when the malpractice occurred or was discovered, but never more than four years after the date of the incident regardless of when it was discovered. Medical malpractice wrongful death cases carry additional procedural requirements that must be satisfied before filing suit.
§ 95.11(4)(b), Fla. Stat.
- Written notice deadline for claims against a Florida government entity: 3 years
Before suing any Florida state or local government entity, the personal representative must file written notice with both the Florida Department of Financial Services and the responsible agency within three years of the claim accruing. This is a pre-lawsuit notice requirement; the agency then has 90 days to respond before a lawsuit may be filed.
§ 768.28(6)(a), Fla. Stat.
These deadlines are general estimates. They can be shorter than they appear, and can be paused (“tolled”) or extended in specific situations. This is not legal advice. If any deadline is near or has passed, talk to a lawyer right away.
Where to go & how to get help
Government agencies and non-profit legal-help organizations for wrongful death in Florida.
Receives written pre-suit notices of claims against the State of Florida and its agencies and subdivisions; contact this department first when the wrongful death was caused by a government entity.
- Florida Law Helplegal aid
Statewide website providing free legal information and a directory of legal aid providers for low-income Floridians, including help finding civil legal assistance such as wrongful death matters.
Official U.S. government starting point for finding free or low-cost legal help and legal-aid programs near you.
Locate the LSC-funded legal-aid organization that serves your county for civil (non-criminal) legal problems.
Find your state or local bar association lawyer-referral service and free legal-answer programs.
Find your state attorney general to file consumer-protection, civil-rights, or other complaints.
How to take action in Florida
- 1
Identify the personal representative
Florida law requires that only the deceased person's personal representative file the lawsuit. If no representative has been named in a will, a family member may need to petition the probate court for appointment before the case can begin.
- 2
Confirm who qualifies as a survivor
Under § 768.18, Fla. Stat., eligible survivors include a surviving spouse, children (children under age 25 are treated as 'minor children' for some purposes regardless of the age of majority), parents, and blood relatives or adoptive siblings who depended on the deceased for support or services.
- 3
Gather evidence as soon as possible
Collect police or accident reports, medical records, photographs, and witness contact information promptly. Physical evidence and witness memories can fade or disappear quickly after a death.
- 4
Determine whether a government entity is involved
If the death was caused by a Florida state or local government employee or entity, a written notice of claim must be submitted to the Florida Department of Financial Services and the responsible agency before any lawsuit can be filed.
- 5
Get legal advice about the applicable deadline
The filing deadline varies by cause of death—general negligence, medical malpractice, and intentional acts each carry different rules. An attorney can identify which deadline applies and ensure all procedural requirements are met.
- 6
File the lawsuit in Florida circuit court before the deadline
Wrongful death lawsuits are filed in the circuit court for the county where the death occurred or where the defendant may be served. Missing the deadline almost always ends the right to sue permanently.
A general roadmap, not legal advice — the right steps depend on your situation and deadlines.
Common questions about wrongful death in Florida
Who can file a wrongful death lawsuit in Florida?
Only the deceased person's personal representative may file the lawsuit, as required by § 768.20, Fla. Stat. The personal representative acts on behalf of the estate and all eligible survivors. If no representative has been named, a family member must petition the probate court to be appointed before the case can proceed.
Who qualifies as a 'survivor' entitled to receive damages?
Under § 768.18, Fla. Stat., survivors include a surviving spouse, children (Florida defines 'minor children' as those under age 25, regardless of the general age of majority), parents, and blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support or services. The specific relationship to the deceased affects what types of damages each survivor may recover.
What types of compensation can a Florida wrongful death case recover?
Under § 768.21, Fla. Stat., recoverable damages may include the value of lost financial support and services survivors would have received, loss of companionship and guidance, medical and funeral expenses arising from the death, and the lost future accumulations of the estate. The exact compensation available depends on each survivor's relationship to the deceased.
How long do I have to file a wrongful death lawsuit in Florida?
For most cases, the lawsuit must be filed within two years of the date of death under § 95.11(4)(d), Fla. Stat. If the death resulted from medical malpractice, the two-year period generally runs from when the malpractice occurred or was discovered, with an absolute outer limit of four years from the date of the incident under § 95.11(4)(b), Fla. Stat. Missing either deadline almost always ends the right to sue.
What if the death was caused by a Florida government employee or agency?
Claims against Florida government entities are governed by § 768.28, Fla. Stat. Before filing a lawsuit, the personal representative must submit a written notice of claim to the Florida Department of Financial Services and the responsible agency. The agency has 90 days to respond; if it does not respond, a denial is presumed and the lawsuit may proceed.
Is there a time limit if the death was caused by an intentional act such as murder?
Under § 95.11(4)(d), Fla. Stat., there is no filing deadline when a death resulted from an intentional act qualifying as murder or manslaughter under Florida's criminal statutes. A civil wrongful death lawsuit may be filed at any time, and no criminal arrest, charges, or conviction is required as a condition for bringing the civil case.
Can survivors pursue a workers' compensation claim if the death happened on the job?
If the death occurred during the course of employment, survivors may be entitled to workers' compensation death benefits through Florida's workers' compensation system, which is a separate process from a civil wrongful death lawsuit. In most on-the-job deaths, workers' compensation is the exclusive remedy against the employer, but a civil wrongful death lawsuit may still be possible against a third party such as an equipment manufacturer, contractor, or property owner.
Not legal advice. State-specific statutes, deadlines and procedures are being sourced and will appear here.