Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

Florida's two deadlines used to differ by two full years. Since 2023, they've quietly converged — not because wrongful death changed, but because the general injury deadline caught up to it.

The wrongful death deadline: unchanged at 2 years

Under Fla. Stat. §95.11, a wrongful death action must be filed within 2 years from the date of death. This deadline predates the 2023 reform and wasn't itself altered by it.

The ordinary injury deadline: cut to match it

Before House Bill 837, Florida's general negligence statute of limitations was 4 years. HB 837 cut it to 2 years, applicable to causes of action accruing on or after March 24, 2023 — bringing the ordinary personal injury deadline in line with the wrongful death deadline for the first time.

The clock starts at death, not the original injury

The wrongful death deadline runs from the date of death, not from any underlying injury. This matters when someone is injured, survives for a period, and later dies from that injury: the 2-year wrongful death clock starts fresh at death, giving the family their own window from that point forward.

Watch for claims that straddle the 2023 change

HB 837's shortened personal injury deadline applies to causes of action accruing on or after March 24, 2023. An injury that occurred before that date may still be governed by the prior 4-year rule — a distinction that matters for anyone evaluating an older claim.

This is general information, not legal advice, and deadline rules allow little room for error. Confirm the exact deadline for your situation with a licensed Florida attorney immediately.