How Long Do You Have to File a Wrongful Death Lawsuit in Florida?

In Florida, you generally have two years from the date of death, not the crash or injury, to file a wrongful death lawsuit under Fla. Stat. § 95.11. If the death involved a government vehicle like a Miami-Dade Transit bus or a City of Hialeah truck, you must also give written notice to the agency before suing under Fla. Stat. § 768.28(6). Miss the filing deadline or skip the required notice and your claim may be lost for good, no matter how strong the facts are.

What is the basic deadline for filing a wrongful death lawsuit in Florida?

The deadline is two years from the date of death, not the date of the crash. This rule comes from Fla. Stat. § 95.11, which covers most wrongful death claims in Florida. For example, if a pedestrian was hit on Okeechobee Road in January but died from their injuries in March, the two-year clock starts in March, not January. Grief, insurance negotiations, or an ongoing police investigation do not pause this clock. Settlement talks with an adjuster will not extend your time to sue. Many families worry they missed the window while waiting for answers; that fear is real and preventable with timely legal help.

Does it matter if the death was caused by medical malpractice instead of a crash?

Yes. Wrongful death claims arising from medical malpractice follow a separate legal path under Fla. Stat. § 766.106. Before filing suit, you must complete a presuit investigation process that includes giving formal notice to all potential defendants and allowing them time to review medical records. This process alone can take months. In addition, medical malpractice claims generally must be filed within two years from when the incident was or should have been discovered, with a four-year outer limit and some exceptions (Fla. Stat. § 95.11), so the clock may start before your loved one died. The presuit process includes a 90-day investigation period during which the deadline is paused, and the claim must be backed by a corroborating medical expert opinion (Fla. Stat. § 766.203). Because of these layers, do not wait for the medical examiner’s report or assume you have the full two years. Talk to a lawyer right away.

What if the vehicle that caused the death was a Miami-Dade Transit bus or a City of Hialeah truck?

You face an extra step. Under Fla. Stat. § 768.28(6), claims against Florida government entities, including Miami-Dade Transit and City of Hialeah vehicles, require written notice to the agency before a lawsuit can be filed. This notice must include specific details about the incident and your damages. It must be delivered to the correct office, and claims against the state also go to the Department of Financial Services. Importantly, this notice requirement runs alongside the filing deadline, and the timing rules for government claims can differ from ordinary cases, so a lawyer should calculate them right away. Waiting could forfeit your right to recover entirely.

Will the criminal investigation or pending charges pause the two-year clock?

No. A criminal investigation by the Hialeah Police Department or Florida Highway Patrol does not automatically pause the civil two-year deadline. Families should not assume a pending criminal case extends their time to file. Even in a hit-and-run death, covered under Fla. Stat. § 316.027, the two-year civil clock still runs from the date of death, regardless of whether the driver is ever found. Evidence disappears quickly: traffic and business cameras can overwrite footage quickly, witnesses relocate, and vehicle data gets lost. Also, under Fla. Stat. § 316.066, crash reports remain confidential for 60 days except to the parties, their insurers, and their attorneys. That’s another reason to act fast.

Does having minor children or other minor survivors give the family more time to file?

Generally, no. Florida law pauses deadlines for minors only in limited situations, and the wrongful death claim is different. It belongs to the estate, not the individual survivors, and is filed by the personal representative under Fla. Stat. § 768.20. Fla. Stat. § 95.051 lists the limited situations where the limitations period is paused, and families should not assume a minor survivor is one of them. Do not assume you get extra time because young children are involved. The two-year deadline still starts on the date of death.

Why does appointing a personal representative take time, and why does that make the deadline even more urgent?

Florida law requires that only the personal representative of the estate can file a wrongful death lawsuit (Fla. Stat. § 768.20). To get this role, someone must open a probate case in Miami-Dade County Circuit Court, submit documents, and receive Letters of Administration from a judge. If the decedent had no will or if family members disagree, this process can take weeks or even months. Every day spent waiting reduces the time left to investigate the crash, gather medical records, meet government notice requirements, and file suit. Families often hesitate because of funeral costs, grief, or uncertainty about lawyers. But delay directly threatens your legal rights.

Frequently asked questions

Does the two-year clock start on the date of the crash or the date my family member actually died?
It starts on the date of death. Even if the fatal injury happened months earlier, the two-year period begins when your loved one passed away.

Can we wait until the police finish their investigation before hiring a lawyer?
No. The police investigation has no effect on your civil deadline. Evidence needed for your case, like store surveillance or vehicle data, may disappear long before the criminal case ends.

What happens if the vehicle that killed my family member was a Miami-Dade Transit bus or a City of Hialeah vehicle?
You must send formal written notice to the government agency before suing. Missing this step, or doing it incorrectly, can bar your claim even if you file within two years.

Can individual family members each file their own wrongful death lawsuit?
No. Only the personal representative of the estate may file the lawsuit. Individual family members cannot bring separate actions.

Is there any deadline at all if my family member was killed in a hit-and-run and the driver has never been caught?
Yes. You still have two years from the date of death to file a wrongful death claim. You may pursue compensation through uninsured motorist coverage or other avenues, but the deadline does not disappear.

Hurt in an accident in Hialeah? Call Wolfson & Leon at 305-965-3766 for a free consultation. We speak Spanish, and there is no fee unless we win.