When Does Florida’s Wrongful Death Clock Start for Fort Lauderdale Families?

The Two-Year Clock Behind Florida Wrongful Death Claims

Key Takeaways: For most Fort Lauderdale families, the Florida wrongful death clock generally starts on the date of death, not the date of the accident, and a lawsuit generally must be filed within two years under Florida Statutes § 95.11(5)(e). Medical malpractice deaths follow different rules: two years generally run from when the incident occurred or was discovered, or should have been discovered, with a four-year outer limit subject to limited exceptions such as fraud or concealment. Claims against government entities generally require written notice to the agency within two years. If the at-fault party has also died, probate claim deadlines under § 733.702 can be as short as three months after notice to creditors is first published. When several deadlines overlap, the shortest one usually controls. Families should keep records, avoid recorded statements to insurers, and talk to a wrongful death attorney early.

Under the Florida wrongful death statute of limitations, most Fort Lauderdale families have two years to file a lawsuit, and the clock generally starts on the date of death rather than the date of the accident. The deadline can shift or overlap with others depending on who caused the death and whether a government agency, hospital, or deceased defendant’s estate is involved.

If you lost a loved one in Broward County, waiting to get answers can put your family’s claim at risk. The team at HL Law Group, P.A. helps South Florida families understand their deadlines and preserve critical evidence. Call (954) 713-1212 or schedule your free consultation today.

The Legal Foundation of a Fort Lauderdale Wrongful Death Claim

Every wrongful death case in Florida starts with a statute. Florida Statutes § 768.16 names §§ 768.16 through 768.26 the "Florida Wrongful Death Act," which sets out who may recover, what damages may be available, and how the claim proceeds.

Florida Statutes § 768.19 creates the right of action itself. A person may be liable when a death is caused by that person’s wrongful act, negligence, default, or breach of contract or warranty, if the deceased could have sued had they lived. You can review the full text of the Florida Wrongful Death Act on the Florida Senate website.

Section 768.19 does not set the filing deadline. That comes from Chapter 95. Under § 768.20, the estate’s personal representative files the claim on behalf of the estate and survivors, so it helps to understand who can file a wrongful death lawsuit before the clock becomes a problem.

How the Florida Wrongful Death Statute of Limitations Works

Florida Statutes § 95.11(5)(e) lists "an action for wrongful death" among the claims that must be brought within two years. The Florida statute of limitations chapter places wrongful death in the same two-year category as general negligence. If a family misses this deadline, the defendant can raise it as a defense, and the claim will likely be barred no matter how strong the evidence of fault is.

Why the Date of Death Usually Matters Most

Florida courts have generally treated wrongful death claims as accruing on the date of death. If someone survives for weeks or months after a crash or medical error, the two-year period generally runs from the death, not the original incident. Still, the facts can complicate this rule, and families should not assume extra time exists without a legal review.

When the Underlying Injury Claim Came First

Most general negligence claims in Florida also carry a two-year deadline under Florida Statutes § 95.11. For causes of action that accrued before March 24, 2023, the deadline was generally four years. Under § 768.20, if the injured person dies from the injuries, their personal injury claim ends, and a pending lawsuit generally must be amended to become a wrongful death action. Because this can depend on procedural posture and timing, early legal guidance is valuable.

💡 Pro Tip: Request several certified copies of the death certificate early. The personal representative will likely need them for probate filings, insurance communications, and the wrongful death complaint.

Medical Malpractice Deaths Follow Different Timing Rules

When a death results from medical negligence, the timing rules become more complex. Under Florida Statutes § 95.11, a medical malpractice action generally must be started within two years from when the incident occurred, or within two years from when it was discovered or should have been discovered with due diligence. The action generally cannot be started more than four years after the incident. Exceptions include fraud, concealment, or intentional misrepresentation, which can extend the outer limit to seven years, and certain claims involving minors.

Delayed Diagnosis Cases in Broward County

Families whose loved one died after a missed or delayed diagnosis often face the hardest timing questions. The discovery rule may help in some cases, but courts often interpret these exceptions narrowly, and the four-year outer limit can bar a claim even when the family only recently learned what happened.

Presuit Investigation Requirements

Florida law requires a reasonable investigation before a medical negligence wrongful death case can be filed. Under Florida Statutes § 766.104(1), the attorney must first conclude there are reasonable grounds to believe the defendant was negligent, supported by a qualified medical expert. The claimant must also serve a notice of intent and complete a presuit screening period under § 766.106. Certain filings can toll the limitations period, but only if the steps are done correctly.

Florida Statutes § 766.118 addresses limits on noneconomic damages in medical negligence claims, not filing deadlines. The Florida Supreme Court has held these caps unconstitutional in wrongful death cases (Estate of McCall v. United States) and in personal injury cases (North Broward Hospital District v. Kalitan).

Claims Against Government Agencies in Fort Lauderdale

If a government entity caused the death, families may face an administrative notice deadline in addition to the lawsuit deadline. This can apply when a city vehicle, county employee, or public hospital is involved.

Florida Statutes § 768.28(6)(a) requires a wrongful death claimant to present the claim in writing to the appropriate agency within two years after the claim accrues. The claim must also go to the Department of Financial Services, except for claims against a municipality or county, such as the City of Fort Lauderdale or Broward County. Generally, suit cannot be filed until the claim is denied or the investigation period ends, which is six months for most claims and 90 days for medical malpractice. Under § 768.28(6)(d), the statute of limitations is tolled while the agency takes time to deny the claim. Tolling depends on proper and timely notice.

Florida Statutes § 768.28(14) adds a further layer. It generally bars claims against the state, its agencies, or its subdivisions unless filed within four years after the claim accrues, but wrongful death and medical malpractice actions must be started within the periods in § 95.11(5). In practice, the two-year wrongful death period generally still controls.

When the At-Fault Party Has Died: Probate Deadlines

If the person responsible for the death also died, the family may need to file a claim against that person’s probate estate. Florida Statutes § 733.702 sets strict deadlines that can run separately from the wrongful death limitations period.

Under § 733.702(1), claims generally must be filed by the later of three months after the notice to creditors is first published, or 30 days after service for creditors who must be served. Separately, § 733.710 generally bars claims filed more than two years after the decedent’s death. Under § 733.702(4) and § 733.710(3), these limits generally do not bar recovery up to the limits of any liability insurance covering the claim.

Practical Steps to Protect Your Family’s Claim

Grieving families often lose valuable time without realizing it. Evidence can disappear and witnesses can forget details. Taking a few steps early can make a meaningful difference:

• Write down the date of death and the date of the original incident
• Keep medical bills, funeral receipts, and records of lost financial support
• Avoid recorded statements to insurance companies before getting legal advice
• Ask whether a personal representative has been appointed for the estate
• Identify whether a government agency, hospital, or deceased party may be involved

Wrongful death claims based on negligence generally require proof of duty, breach, causation, and damages. A Fort Lauderdale wrongful death attorney can coordinate forensic investigation, accident reconstruction, and medical review while tracking every applicable deadline.

💡 Pro Tip: Calendar the earliest possible deadline that might apply, not the latest. When several rules overlap, the shortest one usually controls.

Frequently Asked Questions

1. Does the two-year clock start on the date of the accident or the date of death?

For most wrongful death claims, the period generally runs from the date of death. However, medical malpractice cases generally follow discovery-based rules with a four-year outer limit, subject to limited exceptions.

2. Can the Florida wrongful death statute of limitations be extended?

Extensions are generally possible only in limited circumstances. Tolling may apply while a government claim is under review under Florida Statutes § 768.28(6)(d). In malpractice cases, discovery rules, the presuit process, and fraud or concealment exceptions may also affect timing.

3. Is the government notice deadline the same as the lawsuit deadline?

No, they are separate requirements. The written claim to the agency is an administrative step. The lawsuit is a separate civil filing. Missing either can jeopardize recovery.

4. What if the person who caused the death has also died?

The family may need to file a claim in that person’s probate estate under Florida Statutes § 733.702. These deadlines can be as short as three months after notice to creditors is first published. Claims are also generally barred two years after the decedent’s death, though claims may still be pursued up to the limits of available liability insurance.

5. Who files the wrongful death lawsuit?

The estate’s personal representative files on behalf of the survivors and the estate. If no representative has been appointed, probate proceedings may need to begin first, which adds time pressure.

Protecting Your Loved One’s Legacy Before Time Runs Out

The Florida wrongful death statute of limitations generally gives families two years from the date of death, but medical malpractice, government, and probate rules can change that timeline significantly. Speaking with a Florida wrongful death statute of limitations lawyer early can help your family understand which rules apply and act before options narrow.

Your family deserves answers and accountability, and time matters. The compassionate team at HL Law Group, P.A. represents Fort Lauderdale and Broward County families in wrongful death claims. Call (954) 713-1212 or request your free case evaluation today.

Disclaimer: This content is for informational purposes only and is not legal advice. Every case is unique, and results may vary. Consult an attorney about your specific circumstances.