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Florida law on wrongful death claim grace period after termination

Under Florida law, the standard statute of limitations for a wrongful death claim is two years from the date the cause of action accrues, usually the date of the decedent’s death. This period is established by Fla. Stat. § 95.11(4)(d), which governs limitations of actions for wrongful death. Beyond this two-year period, no action may generally be brought, and there is no statutory “grace period” after expiration or termination of the limitations period.

Limited Exceptions or Extensions

Certain narrow exceptions may apply in specific situations:

  1. Claims Against the State or Its Agencies: Under Fla. Stat. § 768.28(6)(a), if the wrongful death claim is brought against a state agency or subdivision, a written claim must be presented to the Department of Financial Services within two years after accrual. This notice requirement is a condition precedent to suit, not an extension of the statute of limitations.

  2. Intentional Torts Leading to Death: Florida law removes the statute of limitations entirely for wrongful death actions arising from intentional torts leading to death, such as acts described in Fla. Stat. § 782.04 (murder) or Fla. Stat. § 782.07 (manslaughter). Per Fla. Stat. § 95.11(10), actions under those sections may be brought “at any time.”[2][3]

  3. Tolling Provisions: Although generally disfavored, certain circumstances such as fraudulent concealment or minority of beneficiaries may toll the limitations period under Fla. Stat. § 95.051, but such tolling must fall squarely within enumerated statutory grounds.

Practical Application

When the limitations period expires (“terminated”), Florida law does not provide for a discretionary grace period. Unless a statutory tolling condition applies or the cause falls within a no-limitations category like murder or manslaughter, the claim is permanently barred.

In summary: In Florida, wrongful death claims must be filed within two years, per Fla. Stat. § 95.11(4)(d), with limited exceptions for intentional torts (no time limit) or special notice rules for governmental defendants under Fla. Stat. § 768.28(6). There is no grace period after termination of the statutory timeframe.

Sources & References

  1. Florida Statute § 95.11 (Limitations of Actions)
  2. Florida Statute § 768.28 (Claims Against State)
  3. Florida Statute § 95.11(10) (Intentional Torts Resulting in Death)

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