How long do you have to file a wrongful death claim in Florida?

Generally two years. Section 95.11(5)(e), F.S. lists an action for wrongful death among actions that must be brought within two years. Medical malpractice deaths follow s. 95.11(5)(c), and s. 95.11(11) allows claims at any time against a person for intentional acts described in s. 782.04 or s. 782.07. An attorney should confirm which rule applies.

Who can file a wrongful death lawsuit in Florida?

The decedent’s personal representative files the action, for the benefit of the survivors and the estate, under s. 768.20, F.S. Survivors include the spouse, children and parents, and dependent blood relatives and adoptive siblings, as defined in s. 768.18.

Why hire a private investigator in a wrongful death case?

To find and preserve evidence before it disappears: witnesses, scene conditions, private video, public records, and the identity, location and resources of every responsible party. The investigator works with the family’s attorney, who decides how the evidence is used.

How quickly should a wrongful death investigation start?

As soon as possible. The filing deadline is usually two years, but security footage can be overwritten, vehicles repaired and scenes changed within days or weeks, and witnesses become harder to find over time.

Can an investigator get the defendant’s medical or employment records?

Not on their own. Non-public records such as medical, employment or internal company files are obtained by the attorney through authorization, subpoena or discovery. The investigator identifies what exists and where it is held.

What if the person responsible has moved or the company closed?

An investigator can locate individuals and business principals through lawful skip tracing, trace who owned or managed a company, and research public-record assets so the attorney can serve the right parties and evaluate whether a judgment would be collectible.

Wrongful Death Investigations in Florida: What an Investigator Does

In a Florida wrongful death case, a private investigator’s job is to find and preserve the facts the family’s attorney needs to prove what happened and who is responsible: witnesses, scene conditions, video, records, and the identity, location and resources of the people or companies at fault. The claim is brought under the Florida Wrongful Death Act, ss. 768.16–768.26, F.S., and in most cases it must be filed within two years under s. 95.11(5)(e), F.S. Because evidence fades faster than that deadline, the investigation should start as soon as the family has an attorney. This article is general information for families and the lawyers who represent them; it is not legal advice.

What is a wrongful death claim under Florida law?

Florida allows a claim when a death is caused by “the wrongful act, negligence, default, or breach of contract or warranty of any person,” including on navigable waters, if the person who died could have sued had they survived (s. 768.19). The Legislature’s stated policy is to shift the losses from the survivors to the wrongdoer, and the Act is to be liberally construed (s. 768.17).

A few points shape the investigation from day one:

The personal representative brings the case. The action is filed by the decedent’s personal representative for the benefit of the survivors and the estate (s. 768.20). If the person at fault has also died, their personal representative becomes the defendant.
Every potential beneficiary must be identified. The complaint must name all potential beneficiaries and their relationship to the decedent (s. 768.21). “Survivors” include the spouse, children and parents, and, when partly or wholly dependent on the decedent, other blood relatives and adoptive siblings (s. 768.18(1)).
Damages depend on facts about the person’s life. Survivors can recover lost support and services, and spouses, children and parents may recover for losses such as companionship, guidance and mental pain and suffering, depending on the relationship (s. 768.21(1)–(4)). Support includes contributions in kind, and services include household tasks the person regularly performed (s. 768.18(3)–(4)).

How long does a family have to file in Florida?

Section 95.11(5)(e) lists “an action for wrongful death” among the actions that must be commenced within two years. Two important variations exist. Medical malpractice claims, including those involving a death, have their own rules in s. 95.11(5)(c): generally two years from the incident or its discovery, with a four-year outer limit and specific exceptions. And under s. 95.11(11), a wrongful-death claim against a natural person for an intentional tort resulting in death from acts described in s. 782.04 or s. 782.07 may be brought at any time, without requiring an arrest, charge or conviction.

Exactly when the clock started and which rule applies are questions for the family’s attorney. The practical point for the investigation is simpler: two years passes quickly when an estate must be opened, records requested and witnesses found.

Why speed matters more than the deadline: the filing deadline is measured in years, but evidence disappears in days and weeks. Security systems overwrite footage, vehicles are repaired or scrapped, a hazard at a property is fixed, and witnesses move or forget. An attorney can send preservation letters, but someone has to find out quickly what evidence exists and who holds it. That is often the first assignment we receive.

What does an investigator do in a wrongful death case?

Find and interview witnesses

Police reports often list only a few names, and some contact details are wrong or out of date. An investigator canvasses the area, identifies people who saw the incident or its lead-up, such as other drivers, residents, employees, delivery workers or regular customers, and takes detailed statements while memories are fresh. Witnesses who have moved can be traced through lawful skip tracing. Statements are documented so the attorney can decide who to depose and what each person can credibly say.

Document the scene

Photographs and measurements of the location as close as possible to the date of death: lighting, sightlines, signage, traffic controls, road surface, a broken railing, a pool gate that does not latch, a missing guard on a machine. Conditions change once a property owner or contractor knows a claim is likely. Documentation is dated, located and organised so it can be explained later in a report or in court.

Identify and request video

In Miami-Dade, a death on a road, in a parking lot, at a construction site or in a building is often within range of private cameras: businesses, residential buildings, gas stations, doorbells and vehicle cameras. An investigator maps which cameras might have captured the incident, identifies who controls each system, and asks owners to preserve or share footage voluntarily. Where an owner will not cooperate, the investigator gives counsel the information needed for a preservation letter or subpoena. Our article on finding a hit-and-run driver describes the same canvass in a traffic case.

Gather records

Public records can show a defendant’s history: prior code violations at a property, earlier lawsuits, licensing status of a contractor or business, corporate filings showing who owns and manages a company, and court records involving the same driver, operator or premises. Records that are not public, such as medical, employment or a company’s internal maintenance logs, come through the attorney by authorization, subpoena or discovery. The investigator’s role is to tell counsel what exists and where to aim those requests.

Identify every responsible party

The obvious defendant is not always the only one. A truck may be owned by one company, leased to another and driven by a contractor. A property may be owned by a holding company and managed by a separate firm. An investigator traces ownership, management, employment and contracting relationships so the attorney can decide who belongs in the case.

Locate defendants and their resources

A defendant who has moved, left the state or dissolved a company must still be found and served. An investigator locates individuals and business principals, confirms addresses, and researches public-record assets such as real property, corporate interests, vessels and judgments where lawfully available, so counsel can evaluate whether a recovery would be collectible beyond insurance. See how investigators find assets in a lawsuit for what can and cannot be found lawfully.

Develop the damages picture

Because damages turn on support, services and relationships, the attorney may need evidence about the decedent’s work, income sources, role in the household and family relationships. An investigator can locate former employers, co-workers and others who can speak to those facts, and help confirm the identity and relationship of every potential beneficiary.

How does this differ from a personal injury investigation?

Much of the fieldwork is the same, and our pre-suit investigation checklist applies. The differences are that the most important witness, the person who died, cannot describe what happened; the case is brought by a personal representative; the beneficiaries must be identified; and the damages focus on the survivors’ losses. That puts more weight on independent witnesses, scene evidence, video and records. For deaths involving medical care, see our article on medical malpractice pre-suit investigation.

What should a family gather before calling an investigator?

The police or incident report number and the agency that responded.
The date, time and exact location of the incident.
Names and contact information of anyone who was present or who called the family.
Photographs or videos taken by family members or friends, with the original files kept intact.
Any letters, emails or calls from insurers or from the other side.
The name of the family’s attorney, or the decision to hire one. We usually work through counsel so the investigation is planned for how it will be used.

What will an investigator not do?

A licensed investigator will not contact a represented defendant directly about the case, misrepresent who they are to obtain records, trespass to photograph a scene, or record conversations without consent, which Florida law prohibits (s. 934.03, F.S.). Shortcuts can taint evidence and harm the family’s case. Investigators can testify about what they personally observed and documented; our article on whether a PI can testify in Florida explains how.

Miami Private Investigations is licensed in Florida under agency licence A1800135 and works with families and wrongful death attorneys in Miami-Dade and statewide. Every case is quoted individually. Call (305) 686-7826 or contact us for a confidential consultation.