When must an ordinary Florida wrongful-death action be commenced?

Identify the actual wrongful-death cause and the party entitled to commence it.

Establish its legal accrual under section 95.031.

Check the subsection (11) natural-person intentional-death exception before using this two-year preset.

1. Identify the actual wrongful-death cause and the party entitled to commence it.
2. Establish the stated statutory category and its actual trigger first. Add the stated number of calendar years to its corresponding month and day. Apply the governing final-day treatment. Do not replace the legally established trigger with a later bill, demand, discovery or denial unless its governing provision supplies that event.
3. Preserve each trigger, legally available tolling interval, applicable clerk calendar and actual filing receipt.
4. Complete the required act with the proper court or recipient.

Use the corresponding calendar-year anniversary of the independently established event. Intermediate weekends, holidays and leap-year days do not convert a year into 365 working or calendar days. Rule 2.514(a)(1)(C),(5),(6) moves an ineligible final day to the next eligible day. Check the observed statutory holidays, additional clerk holidays and chief-justice directions. This ordinary limitation calculation does not extend repose or decide any tolling interval.

Fictitious example

Fictitious facts. Use this ordinary wrongful-death branch after establishing the actual cause, entitlement to sue and accrual. The specified intentional-death exception is excluded. The legally established event is 2025-08-02. No tolling, different statutory category, additional clerk holiday or changed court direction applies.

Fictitious facts. Establish the stated procedure and actual event separately. No mail-only addition, further clerk holiday, tolling motion, chief-justice extension or different actual court order is assumed.

Specified intentional death can be brought at any time

Subsection (11) addresses an action seeking section 768.21 damages against a natural person for an intentional tort resulting in death from acts described in sections 782.04 or 782.07. It requires neither arrest, formal criminal charges nor conviction as a filing condition. This calculator does not decide whether those facts exist.

A different underlying procedure remains separate

Section 95.11 separately addresses medical malpractice. The ordinary wrongful-death label does not decide a covered provider relationship, presuit investigation or competing incident and discovery clocks. Review the actual cause and every governing prerequisite.

Tolling must be independently established

Section 95.051 lists the permitted grounds and referenced laws. Absence, false name or concealment does not toll if sufficient jurisdictional service remains available. Minority and incapacity have stated conditions. This preset does not reconstruct tolling from negotiation, demand correspondence or a disputed factual interval.

A foreign-barred cause requires a borrowing review

Section 95.10 bars maintaining a cause that arose elsewhere when that jurisdiction already bars it through lapse of time. Preserve the actual place of accrual and governing law. A Florida calendar result does not revive that cause.

• This calculation does not decide the legal claim category, accrual, due diligence, tolling, an expired claim or valid commencement.
• Check the governing historical edition, actual motions, orders, clerk holidays and filing receipts.

• Identify the actual wrongful-death cause and the party entitled to commence it.
• Establish its legal accrual under section 95.031.
• Check the subsection (11) natural-person intentional-death exception before using this two-year preset.
• Subsection (11) addresses an action seeking section 768.21 damages against a natural person for an intentional tort resulting in death from acts described in sections 782.04 or 782.07. It requires neither arrest, formal criminal charges nor conviction as a filing condition. This calculator does not decide whether those facts exist.
• Section 95.11 separately addresses medical malpractice. The ordinary wrongful-death label does not decide a covered provider relationship, presuit investigation or competing incident and discovery clocks. Review the actual cause and every governing prerequisite.
• Section 95.051 lists the permitted grounds and referenced laws. Absence, false name or concealment does not toll if sufficient jurisdictional service remains available. Minority and incapacity have stated conditions. This preset does not reconstruct tolling from negotiation, demand correspondence or a disputed factual interval.
• Section 95.10 bars maintaining a cause that arose elsewhere when that jurisdiction already bars it through lapse of time. Preserve the actual place of accrual and governing law. A Florida calendar result does not revive that cause.
• Rule 1.050 requires commencing the civil action by filing the complaint or petition. Rule 2.525 governs filing and the successful timestamp. Rule 2.514(a)(4) ordinarily ends the last day at 11:59:59 p.m. Eastern Time for electronic filing, or at scheduled clerk closing for paper filing. Preserve the receipt and complete separately required service. A draft, negotiation or sent complaint does not itself prove successful filing.