In Estes v. Palm Beach County School District, an opinion issued on March 23, 2026, the First District Court of Appeal fundamentally reshaped the workers’ compensation landscape by redefining the application of the statute of limitations (SOL). The decision benefited Nancy Estes by allowing her to file a benefits claim nearly six months after it would have been barred under the previous interpretation of the law, with an additional eighteen months available had she needed it.

The statute of limitations for workers’ compensation claims is governed by section 440.19 of the Florida Statutes. In 1994, a comprehensive overhaul of Florida’s Workers’ Compensation Law took effect. As part of that reform, the Legislature replaced the statute‑of‑limitations framework in section 440.19(1), Florida Statutes, which had allowed claimants to obtain successive two‑year extensions to pursue benefits. Under that framework, a claim could be filed within 2 years after the date of the last payment of compensation or after the date of the last remedial treatment or rehabilitative services furnished by the employer.

Under this pre-1994 regime, the Florida Supreme Court consistently treated the statutory language as an extension of the statute of limitations as opposed to a suspension of it (citations omitted). Starting in 1994, the Florida Legislature changed the text of the operative statute of limitations provision in § 440.19 from an extension-based regime to a tolling-based one. (In doing so, the Legislature reduced the add-on time from two years to one.) Let’s use the facts in Estes to demonstrate how the two systems differ in application:

The accident occurred on September 30, 2021. The Employer/Carrier (E/C) provided workers’ compensation medical and indemnity benefits to Estes for approximately sixteen months, from October 2021 through January 26, 2023. After that period, the E/C denied further benefits, asserting that the accident was not the major contributing cause of her need for additional treatment or compensation. In June 2024 – approximately seventeen months after receiving her last benefits – Estes filed a petition for benefits (PFB) seeking a one‑time change of orthopedist and other relief. The E/C denied the claims, asserting that the statute of limitations barred them in their entirety. Its analysis relied on principles drawn from the pre‑1994 framework, under which the statute of limitations would have expired on January 26, 2024 – one year after the E/C last provided medical or indemnity benefits. The Judge of Compensation Claims (JCC) accepted the E/C’s position.

Relying on straightforward statutory interpretation – overlooked for decades – the First DCA reversed the JCC by concluding that the 1994 amendment created a suspension‑based statute‑of‑limitations system, replacing the pre‑1994 extension‑based model. Under the 1994 framework, the two‑year statute of limitations was suspended – i.e., tolled – from October 2021 through January 26, 2023, the period during which the E/C was providing workers’ compensation benefits. When benefits ceased, the statute did not simply restart with a one‑year extension, as under the pre‑1994 model. Instead, the claimant received that one‑year extension to January 2024, and only after that extension expired did the remainder of the original two‑year limitations period begin to run. Because only one month had elapsed between the accident and the first provision of benefits, approximately twenty‑three months remained on the primary limitations period. Thus, rather than having only one year from January 2023 to file a claim, Estes had the one‑year extension plus the remaining twenty‑three months – giving her until late December 2025 to bring a claim.

If your claim has been denied on statute of limitations grounds, please contact our office for a free consultation to assess whether the assertion was misplaced.

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Contact us at 305-758-4900 or by email to learn your legal rights.

Jeffrey P. Gale, P.A. is a South Florida based law firm committed to the judicial system and to representing and obtaining justice for individuals – the poor, the injured, the forgotten, the voiceless, the defenseless and the damned, and to protecting the rights of such people from corporate and government oppression. We do not represent government, corporations or large business interests.

While prompt resolution of your legal matter is our goal, our approach is fundamentally different. Our clients are “people” and not “cases” or “files.” We take the time to build a relationship with our clients, realizing that only through meaningful interaction can we best serve their needs. In this manner, we have been able to best help those requiring legal representation.

DISCLAIMER: This information provided by Jeffrey P. Gale, P.A. is for informational purposes only and is intended to be used as a non-legal guide prior to consultation with an attorney familiar with your specific legal situation. It should not be considered legal advice or counseling. No such legal advice or counseling is either expressly or impliedly intended. This information is not a substitute for the advice or counsel of an attorney. If you require legal advice, you should seek the services of an attorney.

Statute of Limitations

Under Section 95.11(4)(d), a wrongful death action must generally be filed within two years of the date of death. However, if the death resulted from medical malpractice, Section 95.11(4)(b) may allow for an extension of that deadline.
(For more details, see our related post: “The Statute of Limitations (SOL) Under Florida’s Wrongful Death Act.”)

Proper Court and Venue

Wrongful death claims in Florida are usually brought in state circuit courts. Venue is governed by Section 47.011, which generally requires that lawsuits be filed in the county where the defendant resides or where the cause of action arose. If the defendant is a nonresident and has no presence in Florida, the case may need to be filed in federal court.

Who Can File the Lawsuit (Plaintiff)

A wrongful death lawsuit must be filed by a court-appointed personal representative (PR) on behalf of the decedent’s legally defined “survivors.” Often, the PR is a close family member, such as an adult child or parent. In cases involving minor children or legally incapacitated individuals, the court may also appoint a guardian ad litem.
(For a detailed outline of who qualifies as a “survivor,” see our companion blog post.)

Who Can Be Sued (Defendant)

Defendants in wrongful death actions include any individuals or entities alleged to have caused the death through their negligence or misconduct.

Available Damages

The Florida Wrongful Death Act allows survivors to seek monetary compensation for a variety of losses, including:

• Mental pain and suffering
• Loss of companionship and protection
• Past and future loss of financial support and services
• Medical and funeral expenses

These damages are meant to compensate survivors and hold at-fault parties accountable under civil law.
(See our blog on available damages for a more comprehensive breakdown.)

Pretrial and Settlement

Wrongful death claims can be settled at any stage, including before a lawsuit is filed. Many cases are resolved during litigation, but before trial. Others are dismissed by the court, while some proceed all the way to verdict.

Trial Process

Most wrongful death trials are decided by a jury, though the parties may agree to have a judge serve as the fact-finder. While judges rule on legal matters, juries are responsible for determining the facts and awarding damages, if appropriate.

Appeals and Post-Trial Options

Both jury verdicts and judicial rulings can be challenged through the appeals process. The possibility of appeal often plays a role in encouraging post-trial settlement negotiations.

Final Thoughts

Wrongful death cases are among the most emotionally charged and legally complex matters in civil litigation. Due to the high stakes involved—both financially and personally—it is crucial that such claims be handled by experienced and highly competent legal counsel.

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Contact us at 305-758-4900 or by email (kgale@jeffgalelaw.com and jgale@jeffgalelaw.com) to learn your legal rights.

Jeffrey P. Gale, P.A. is a South Florida based law firm committed to the judicial system and to representing and obtaining justice for individuals – the poor, the injured, the forgotten, the voiceless, the defenseless and the damned, and to protecting the rights of such people from corporate and government oppression. We do not represent government, corporations or large business interests.

While prompt resolution of your legal matter is our goal, our approach is fundamentally different. Our clients are “people” and not “cases” or “files.” We take the time to build a relationship with our clients, realizing that only through meaningful interaction can we best serve their needs. In this manner, we have been able to best help those requiring legal representation.

DISCLAIMER: This information provided by Jeffrey P. Gale, P.A. is for informational purposes only and is intended to be used as a non-legal guide prior to consultation with an attorney familiar with your specific legal situation. It should not be considered legal advice or counseling. No such legal advice or counseling is either expressly or impliedly intended. This information is not a substitute for the advice or counsel of an attorney. If you require legal advice, you should seek the services of an attorney.