How long do I have to file a wrongful death claim?

Florida's wrongful death limitations period generally runs two years from the date of death, not from the date of the underlying incident. Where a person is injured and dies later, the clock typically runs from death.

Different rules apply in some circumstances, including claims against government entities, which carry their own notice requirements and periods, and medical negligence claims, which have their own framework including a pre-suit investigation process.

The practical compression. Two years sounds like time. It isn't, because the estate must be opened and a representative appointed first, records have to be obtained, and in medical cases a pre-suit process has to be completed before filing. Families who wait a year before consulting anyone frequently find the remaining window inadequate.

One more consideration. Evidence degrades on its own schedule regardless of the filing deadline — records, footage, and witness availability all deteriorate.