How Long Do I Have to File a Personal Injury Claim in Florida?

If you were hurt in an accident in Florida, the most time-sensitive question is how long you have to file a lawsuit. That deadline is called the statute of limitations. Florida shortened it in 2023, and missing it generally ends the claim no matter how clear the other party’s fault was.

This guide covers the main deadlines, when the clock starts, the narrow exceptions, and why it helps to start early.

The General Rule: Two Years for Negligence Claims

Most injury cases (car, truck, and motorcycle crashes, slip and falls, pedestrian and bicycle accidents) are negligence claims. Under Fla. Stat. § 95.11(5)(a), an action founded on negligence must generally be filed within two years.

The two-year rule came from House Bill 837 (ch. 2023-15, Laws of Florida), signed on March 24, 2023. It applies to claims that arose after that date. Before the change, Florida allowed four years for negligence claims, so an older injury may still fall under the earlier deadline.

Example: if you were rear-ended on June 1, 2025, the deadline to file suit would generally be June 1, 2027.

When Does the Clock Start?

The time generally runs from when the cause of action accrues, meaning when its last element occurs (Fla. Stat. § 95.031(1)). For most accident claims, that is the date of the injury.

Florida does not apply a general “discovery rule” to ordinary negligence claims, so symptoms that show up later do not, by themselves, extend the deadline. Some claim types do run from discovery, including medical malpractice (Fla. Stat. § 95.11(5)(c)) and product liability (Fla. Stat. § 95.031(2)(b)).

Deadlines at a Glance

Claim type	General deadline	Statute
Negligence (car crash, slip and fall, most injuries)	2 years (claims arising after March 24, 2023)	§ 95.11(5)(a)
Wrongful death	2 years	§ 95.11(5)(e)
Medical malpractice	2 years from incident or discovery; 4-year outer limit (up to 7 with fraud or concealment)	§ 95.11(5)(c)
Product liability	4 years, generally from discovery; 12-year outer limit with exceptions	§ 95.11(3)(d); § 95.031(2)(b)
Claims against government	Written notice within 3 years (2 for wrongful death); suit within 4 years	§ 768.28

Wrongful Death

A wrongful death action must generally be filed within two years (Fla. Stat. § 95.11(5)(e)). Because the claim accrues when its last element occurs, the clock generally starts on the date of death, not the date of the accident. If someone is injured and passes away months later, that difference matters.

Wrongful death cases are brought by the personal representative of the estate on behalf of the surviving family members.

Medical Malpractice

Medical malpractice has its own rules under Fla. Stat. § 95.11(5)(c):

• Two years from when the incident occurred or when it was discovered, or should have been discovered with due diligence.
• A four-year outer limit (statute of repose) from the date of the incident, regardless of discovery.
• If fraud, concealment, or intentional misrepresentation prevented discovery, the period may be extended, but never beyond seven years from the incident.
• Different rules can apply to children injured before their eighth birthday.

Before filing a medical negligence lawsuit, Florida also requires a presuit investigation and a written notice of intent to each prospective defendant (Fla. Stat. § 766.106(2)). That process takes time, which makes early action especially important in these cases.

Claims Against a Government Entity

Claims against the state, a county, a city, or a government agency follow Fla. Stat. § 768.28:

• Written notice of the claim generally must be given within three years (two years for wrongful death).
• A lawsuit generally must be filed within four years.
• Recoveries are generally limited to $200,000 per person and $300,000 per incident.

Missing a notice step can end a claim even when the overall deadline has not passed.

The Exceptions Are Narrow

Florida pauses (“tolls”) the clock only in specific situations listed in Fla. Stat. § 95.051(1), including:

• The person being sued is absent from Florida, uses a false name, or hides in the state so they cannot be served.
• Adjudicated incapacity: the injured person was legally declared incapacitated before the claim arose. Even then, the action must be brought within 7 years.
• Minors: tolling applies only while the child has no parent or guardian, or the parent or guardian has an adverse interest or is incapacitated, and the action must still be brought within 7 years (§ 95.051(1)(i)). Do not assume the deadline waits until the child turns 18.

These exceptions are applied narrowly. If you think one may apply, get advice before relying on it.

What Happens If the Deadline Passes?

If a lawsuit is filed after the deadline, the defendant will generally ask the court to dismiss it, and courts have very little room to excuse a late filing. In most cases that means no recovery for medical bills, lost wages, or pain and suffering.

Why Starting Early Helps

Even with two years, earlier is usually better:

• Evidence disappears. Surveillance video is often overwritten within days or weeks, and accident scenes get cleaned up or repaired.
• Memories fade. Witnesses recall details best soon after an event.
• Medical records tell the story. Prompt, consistent treatment links your injuries to the accident. For car crashes, Florida PIP benefits also generally require initial treatment within 14 days (Fla. Stat. § 627.736(1)(a)). See our guide to Florida’s no-fault and PIP rules.
• Some claims need extra steps. Government notices and medical malpractice presuit requirements add time before a lawsuit can be filed.

Other HB 837 Changes Worth Knowing

The same 2023 law also changed Florida’s fault rule. Under Fla. Stat. § 768.81(6), an injured person found more than 50% at fault generally cannot recover damages; that bar does not apply to medical negligence cases. If you are 50% or less at fault, your recovery is reduced by your share of fault.

Talk to Us About Your Deadline

Which deadline applies depends on the type of claim, when it arose, and who is responsible. Our Miami personal injury lawyers can review your situation and tell you which deadline generally governs your claim.

Free consultation. Call Connect Attorneys at 1-833-77CONNECT or contact us online. No fees or costs unless we recover compensation for you. Hablamos Español.