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

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

2 years. Two years from the date of death. Medical-malpractice wrongful-death claims follow the medical statute, not the residual rule. Source: Fla. Stat. § 95.11(4)(d).

Florida · Wrongful Death

Florida Statute of Limitations for Wrongful Death

2 years to file a lawsuit

Quick answer

The Florida statute of limitations for wrongful death is 2 years from the date of the underlying event. Controlling statute: Fla. Stat. § 95.11(4)(d). Talk to a Florida attorney for case-specific tolling, notice-of-claim, or discovery-rule questions.

What this deadline means

Two years from the date of death. Medical-malpractice wrongful-death claims follow the medical statute, not the residual rule.

Source: Fla. Stat. § 95.11(4)(d) ↗ Reviewed Jun 2026

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Date of the underlying event (injury, breach, fraud discovery, etc.)

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About wrongful death claims

Survivor claims for death caused by another's negligence or intentional act. Generally measured from date of death, not date of underlying injury.

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Important: Statutes of limitations have many exceptions — discovery rules, tolling for minors, ongoing-treatment doctrines, notice requirements for government defendants, and contractual modifications. This page is general legal information, not legal advice. Talk to a licensed Florida attorney before relying on any deadline.