When a life is cut short by negligence or misconduct, Florida law gives survivors a narrow window to demand accountability. If you’re anywhere in Miami-Dade, Broward, or Palm Beach, call 305‑891‑0211 for a comprehensive case review with Buchalter Hoffman and Dorchak.
What is Florida’s Two-Year Rule?
Florida gives most families two years from the date of death to file a wrongful death lawsuit, under Fla. Stat. § 95.11(5)(e). That clock almost always starts ticking on the day the person dies—not on the date of the crash, procedure, or hazardous act that ultimately led to the loss. The distinction matters: if someone lingers in the hospital for months and then passes, the filing period begins at death. Miss the two‑year cut‑off and the courthouse doors are usually closed, regardless of how compelling the facts are or how outrageous the defendant’s conduct may seem. Courts enforce statutes of limitation strictly because they are designed to bring finality and prevent stale claims.
There is one striking exception. When the death stems from conduct that qualifies as murder or manslaughter under Florida’s homicide statutes (Fla. Stat. §§ 782.04, 782.07), no limitation period applies. The statute expressly says a wrongful death action “may be commenced at any time.” That exception recognizes that intentional killings are often intertwined with lengthy criminal investigations and prosecutions; civil justice should not evaporate simply because evidence took years to surface. Still, the exception is narrow, and lawyers must be prepared to prove the underlying intentional act if they rely on it.
Medical malpractice adds another layer. A wrongful death tied to malpractice is still governed by the two‑year limitation, but med‑mal law imposes a four‑year statute of repose and mandatory presuit investigation steps that can toll (pause) the running time for limited periods. If fraud, concealment, or misrepresentation prevented discovery of the negligence, the outer limit may stretch to seven years, but only under tightly defined circumstances. In practice, that means you cannot assume extra time applies; you must document the concealment and comply with presuit notice rules promptly. The safest move is immediate counsel involvement so the statutory clock is managed rather than gambled with.
Who Files the Lawsuit?
Florida’s Wrongful Death Act requires that the personal representative (PR) of the estate file the action, asserting claims for all eligible survivors and for the estate itself. Individual family members do not file separate lawsuits; their damages—loss of support, services, companionship, and mental pain—are all gathered into the single complaint the PR brings. If the decedent left a will naming a PR, that person steps in. If not, the probate court appoints one. This structure ensures an orderly presentation of claims and prevents inconsistent verdicts or double recoveries.
Treating the PR as a mere formality is a mistake. Getting a PR in place quickly allows counsel to open the estate, issue preservation letters, and control deadlines before evidence disappears. Surveillance footage can be overwritten in days, electronic vehicle data can be lost with repairs, and witnesses become harder to find with each passing week. Delay during the statute of limitations period weakens leverage: insurers watch the calendar, and their offers rarely improve when they sense a family is scrambling near the deadline. Early probate filings and coordinated litigation strategy keep pressure where it belongs—on the negligent party, not on the grieving household.
For families in Miami-Dade, working with North Miami Florida attorneys who understand both probate and wrongful death procedure is crucial. They can ensure the estate is opened in the correct county, notices are served, and every survivor’s damages are documented. In short, selecting—or becoming—the right PR early is the foundation of a timely, well-supported claim.
What Can Be Recovered?
Florida divides wrongful death damages between survivors and the estate, and the statute (Fla. Stat. § 768.21) spells out exactly who can claim what. Survivors—typically the spouse, children, and in some instances parents or other dependents—may recover the value of lost support and services from the date of injury to the date of death, plus the present value of future losses. They can also seek compensation for their own mental pain and suffering, but only in the circumstances the statute allows. For example, a surviving spouse may recover for loss of companionship and protection, together with mental anguish. Minor children, and all children if there is no surviving spouse, may recover from lost parental companionship, instruction, and guidance, along with their mental pain. Parents of a deceased minor child have similar claims, and parents of an adult child may recover mental pain only if there is no other survivor.
The estate’s damages are different. The personal representative can recover the decedent’s lost earnings from the date of injury to death, medical or funeral expenses that became charges against the estate, and the “net accumulations” the decedent would likely have saved and left behind if he or she had lived a normal life expectancy. Calculating those net accumulations often requires economists to project lifetime earnings, taxes, and personal consumption to estimate what would have been retained. That number can be substantial for younger descendants with growing careers or for business owners whose enterprises were set to expand.
There is a notable limitation in medical negligence deaths: adult children cannot recover for mental pain and suffering when a parent dies from malpractice, and parents cannot recover for the mental pain of an adult child’s death in that context. That statutory cap makes it even more important to fully develop economic damages—wage loss, business value, and estate accumulations—so the claim does not hinge solely on restricted emotional categories. Coordinated work among accountants, forensic economists, and trial counsel ensures every allowable dollar is properly documented and presented.
When the Clock Briefly Pauses
Florida’s tolling statute, section 95.051, lists the only reasons a limitations period is tolled. Courts cannot create new ones. Common triggers include the defendant’s absence from the state, use of a false name, or concealment that blocks service of process. There is no tolling just because a family is grieving, evidence is slow to surface, or an insurer “keeps talking settlement.”
Because tolling is narrow, lawyers often protect claims with “protective filings” while negotiations continue. If the case involves the State of Florida or a city/county, presuit notice under section 768.28(6) pauses things while the agency investigates—but only if that notice is served properly and on time.
Call North Miami FL Attorneys and Don’t Delay Your Wrongful Death Claim
The loss of a loved one due to another’s negligence is an immeasurable tragedy. While no amount of compensation can truly replace what has been lost, a wrongful death claim can provide essential financial security and a sense of accountability. Understanding the statute of limitations is not merely a legal detail; it is a critical element in preserving your right to seek justice. The two-year deadline for most wrongful death cases in Florida underscores the urgency of seeking legal guidance without delay. Buchalter, Hoffman & Dorchak is a law firm with over 40 years of experience, dedicated to assisting families in Miami, Ft. Lauderdale, and West Palm Beach with personal injury and wrongful death claims. Our attorneys in North Miami FL are ready to provide the compassionate and determined representation you need during this difficult time. Do not let the opportunity to pursue justice slip away. Contact us today for a consultation.