How Long Do Tampa Families Have to File a Wrongful Death Lawsuit?
Losing a loved one is one of the most painful experiences anyone can face, especially when that loss was caused by someone else’s negligence. In Florida, the law allows surviving family members to seek compensation through a wrongful death lawsuit — which has key distinctions from a standard difference between personal injury and wrongful death claim — but the time to act is limited.
Under Florida law, families generally have two years from the date of death to file a wrongful death claim. Missing this deadline can permanently bar you from recovering damages, no matter how strong your case may be. This statute of limitations is one of the most important — and misunderstood — aspects of wrongful death law.
At Neyra Law Firm (The Law Office of J. Manuel Neyra, P.A.), we help Tampa families understand their rights and act quickly to protect them. Here’s what you need to know about Florida’s wrongful death deadlines, exceptions, and why it’s so important to move fast.
The Two-Year Statute of Limitations in Florida
Florida’s wrongful death statute of limitations is outlined in Florida Statute § 95.11(4)(d). It states that a wrongful death action must be filed within two years of the date of death. This means the clock starts ticking the day your loved one passes — not when the accident occurred, nor when negligence is later discovered.
For example, if your family member died in a Tampa car accident on March 1, 2024, you would generally have until March 1, 2026 to file a lawsuit. Waiting longer could result in dismissal, even if the other party was clearly at fault. Courts enforce this deadline strictly, so it’s critical to begin working with an attorney as soon as possible to understand the compensation options available to Tampa families.
Exceptions to the Two-Year Rule
While most wrongful death cases must follow the two-year rule, there are a few exceptions where courts may allow additional time:
Medical Malpractice – In some cases, the two-year period begins when the malpractice is discovered, not when it occurred.
Homicide or Criminal Cases – If a criminal investigation is ongoing, the civil deadline may be paused (“tolled”) until charges are resolved.
Fraud or Concealment – If the responsible party deliberately hid evidence, the court may extend the filing deadline.
These exceptions are rare and depend on specific circumstances. For example, if a nursing home in Tampa failed to disclose neglect that led to a resident’s death, your attorney may argue for an extended filing period due to concealment.
Why Acting Quickly Is Crucial
Even if you technically have two years to file, waiting too long can seriously harm your case. Key evidence — like witness statements, surveillance footage, and medical records — can be lost or destroyed over time. The sooner you begin, the easier it is to build a strong claim.
Additionally, insurance companies often begin their own investigations immediately after an accident. If you delay, they may gain the upper hand in shaping the narrative around your loved one’s death. A wrongful death attorney who understands the steps to file a wrongful death claim in Florida ensures that your family’s interests are represented from the start and that all filing deadlines are met.
How Neyra Law Firm Helps Tampa Families
At Neyra Law Firm, we understand that pursuing a wrongful death claim is about more than compensation — it’s about justice and closure. Our legal team guides families through every step of the process, from gathering evidence to filing claims before the statute of limitations expires.
If your loved one’s death was caused by negligence, don’t wait until it’s too late. Review what Florida families need to know about wrongful death and let our team help you take legal action while there’s still time.
Legal Disclaimer
This article is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For personalized legal advice, please contact The Law Office of J. Manuel Neyra, P.A. directly.
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