Florida Wrongful Death Lawyer
Florida changed its wrongful death filing deadline in March 2023. Which deadline applies to your family depends entirely on the date of death. This page explains Florida wrongful death law with verified statute citations.
Florida — At a Glance
- Filing Deadline (Death on/after March 24, 2023)
- 2 years from date of death § 95.11(5)(e)
- Filing Deadline (Death before March 24, 2023)
- 4-year deadline may still apply — confirm with an attorney
- Who Files the Lawsuit
- Personal representative of the estate § 768.20
- Who Benefits
- Surviving spouse, children, parents
- "Free Kill" Law
- Adult children (25+) cannot recover non-economic damages in med-mal deaths § 768.21(8)
Florida's Changed Deadline — Which One Applies to You?
Florida's 2023 tort reform (HB 837, signed March 24, 2023) cut the wrongful death filing deadline in half for most cases. This is the single most important thing to understand about Florida wrongful death law right now.
| Date of Death | Deadline | Statute |
|---|---|---|
| On or after March 24, 2023 | 2 years from date of death | Fla. Stat. § 95.11(5)(e) |
| Before March 24, 2023 | 4 years may still apply | Former § 95.11(4)(d) |
⚠️ If the death occurred after March 2023 and you are past the 1-year mark, contact a Florida attorney this week. The 2-year deadline leaves no room for delay. Families who relied on the old 4-year deadline are being caught off guard.
Who Files a Florida Wrongful Death Lawsuit?
Florida operates differently from many states. Under Fla. Stat. § 768.20, the lawsuit must be brought by the personal representative of the deceased's estate — not by individual family members directly.
The personal representative (executor or court-appointed administrator) files on behalf of the following survivors:
- Surviving spouse
- Minor children (under 25 in most contexts)
- Adult children (with significant limitations in medical malpractice — see below)
- Parents of a minor child
Florida's "Free Kill" Law — Medical Malpractice Deaths
⚠️ This only applies to wrongful death from medical malpractice — not to car accidents, truck crashes, premises liability, or other causes.
Under Fla. Stat. § 768.21(8), in wrongful death cases where the cause was medical malpractice:
- Adult children over age 25 cannot recover non-economic damages (mental pain and suffering, grief)
- Parents of a deceased adult cannot recover non-economic damages either
- Only the surviving spouse and minor children can recover full non-economic damages
This provision is widely called the "free kill" law because it effectively limits accountability when a hospital or physician's negligence kills an adult with no minor children and no spouse. Florida's legislature has debated reform but as of this writing, the law remains in effect.
This limitation does NOT apply if the death was caused by a car accident, nursing home neglect, premises liability, or any non-medical cause of negligence.
What Damages Can Florida Survivors Recover?
- Mental pain and suffering of survivors (subject to the med-mal limitation above)
- Lost support and services — financial support the deceased would have provided
- Lost companionship (for spouses and minor children)
- Medical and funeral expenses
- Lost earnings of the deceased from injury to death (survival action component)
Common Wrongful Death Causes in Florida
- Car and truck accidents — Florida's highway fatality rate is among the highest in the nation, driven by high traffic volume and tourist drivers unfamiliar with local roads.
- Boating and water accidents — Florida leads the country in registered recreational boats and in boating fatalities. Operator negligence, alcohol, and equipment failure are frequent causes.
- Tourism-related deaths — Hotel pool drownings, theme park accidents, and vacation rental incidents. Property owner liability (premises liability) applies.
- Medical malpractice — Florida has a large retiree population with significant healthcare utilization. Note the "free kill" limitation above for certain survivors.
- Nursing home negligence — Florida has one of the largest nursing home populations in the country. The federal Nursing Home Reform Act and Florida's Adult Protective Services Act both apply.
- Construction accidents — Florida's ongoing development means high construction employment and regular worksite fatalities.
Attorneys Advertising in Florida
Our advertising network includes attorneys serving families across Florida. Major metro areas include:
An attorney in our network can review your situation at no cost and explain which deadline applies to your family under Florida law.
See Florida Attorneys →Connect With a Florida Wrongful Death Attorney
This site is an advertising platform, not a law firm. We are not a certified lawyer referral service. Attorneys who advertise here are independent firms. Submitting this form does not create an attorney-client relationship.