Statute of Limitations for Personal Injury in Florida

The statute of limitations Florida applies to most negligence-based personal injury cases is two years. In most cases, the deadline begins on the date the accident or injury occurs.

Missing the applicable deadline may prevent you from filing a lawsuit, even when another person clearly caused your injuries. However, different time limits can apply to medical malpractice, wrongful death, product liability, intentional misconduct, and claims against government agencies.

What Is a Statute of Limitations?

A statute of limitations is a law that limits how long an injured person has to begin a lawsuit. The correct deadline depends on the type of legal claim, when it arose, and who may be responsible.

The deadline usually applies to filing a complaint in court. It is not necessarily the same as the deadline for:

• Reporting an accident
• Notifying an insurance company
• Filing an insurance claim
• Sending a settlement demand
• Giving notice to a government agency
• Reporting a workplace injury

An insurance claim can remain under review while the lawsuit deadline continues to run. Settlement negotiations generally should not be treated as proof that the other party has agreed to extend the filing period.

What Is the Florida Personal Injury Filing Deadline?

Florida law generally gives an injured person two years to file an action founded on negligence. This rule appears in Section 95.11 of the Florida Statutes.

Negligence is the basis of many common injury cases, including:

• Car accidents
• Commercial truck crashes
• Motorcycle accidents
• Pedestrian and bicycle collisions
• Slip-and-fall accidents
• Unsafe property conditions
• Negligent security claims
• Boating accidents
• Accidents involving careless businesses

In a straightforward accident case, the two-year period generally begins when the cause of action accrues. Florida law states that the limitations period normally begins when the final element needed for the claim occurs. For many accident cases, that is the date the person is injured.

For example, if a negligent driver causes a collision on August 10, 2026, the injured person would generally need to file a negligence lawsuit no later than August 10, 2028. The exact calculation should still be reviewed because the claim type, defendant, and surrounding facts may change the deadline.

Why Do Some Sources Say Florida Allows Four Years?

Older Florida information may say that injury victims have four years to file a negligence lawsuit. That was the general rule before Florida changed the law in 2023.

House Bill 837 reduced the limitations period for negligence claims from four years to two years. The legislation took effect on March 24, 2023. The amendment to Section 95.11 applies to causes of action that accrued after the law’s effective date.

As a result:

• A negligence claim accruing after March 24, 2023, generally follows the two-year limit.
• A claim accruing before March 24, 2023, may be governed by the earlier law.

This distinction is important for older accidents. Do not assume that the current two-year rule or the prior four-year rule automatically applies without reviewing the accident date and legal basis of the claim.

When Does the Florida Statute of Limitations Begin?

For many personal injury cases, the clock begins on the accident date because the injury and its cause are immediately known.

Examples include:

• The date of a car crash
• The date of a fall
• The date of an assault
• The date a defective product causes an injury
• The date of an unsafe property accident

Some cases are harder to calculate. A harmful condition may not become apparent immediately, or the injured person may not initially understand what caused it.

Florida uses special discovery rules for certain claims, including medical malpractice, professional malpractice, fraud, and product liability. These rules may measure time from when the facts were discovered or should reasonably have been discovered. They do not create a general discovery rule for every personal injury case.

Because the starting date can determine whether a case is timely, injured people should not delay while trying to calculate the deadline themselves.

Filing Deadlines for Different Florida Injury Claims

Not every injury case follows the general two-year negligence rule. The Florida statute of limitations varies based on the cause of action.

Car Accident Claims

A lawsuit alleging that a careless driver caused a Florida motor vehicle accident is normally an action founded on negligence. For accidents occurring after March 24, 2023, the general filing period is two years.

This deadline is separate from Florida’s Personal Injury Protection medical-treatment rules, insurance-notice requirements, and policy deadlines.

A person should not wait two years to investigate a collision. Traffic-camera recordings may be erased, vehicles may be repaired, and witnesses may become difficult to locate.

Slip-and-Fall and Premises Liability Claims

Slip-and-fall cases generally allege that a property owner, operator, tenant, or business negligently failed to maintain safe conditions or provide a reasonable warning.

These negligence claims generally have a two-year deadline when they accrue after the 2023 law change. The facts may still require investigation to identify the proper defendant and establish when the injury occurred.

Wrongful Death Claims

Florida generally gives the personal representative of an estate two years to file a wrongful death action. The period is normally measured from the date of death, which may be different from the date of the accident that eventually caused the death.

Only the estate’s personal representative files the wrongful death lawsuit on behalf of the estate and eligible survivors. Families should seek guidance promptly because probate steps, evidence collection, and identification of survivors may require time.

Medical Malpractice Claims

Medical malpractice has more complicated timing rules.

An action generally must be filed within two years of:

• The incident that caused the injury, or
• The date the incident was discovered or should have been discovered through reasonable diligence.

Florida also generally imposes a four-year statute of repose. This means a case may be barred four years after the medical incident even when the injury was discovered later. When fraud, concealment, or intentional misrepresentation prevented discovery, the outside period may extend to seven years. Special language also applies to claims brought for young children.

Medical negligence cases also have presuit investigation and notice requirements that must be completed before a lawsuit is filed.

Product Liability Claims

A claim involving an injury caused by the design, manufacture, distribution, or sale of personal property generally has a four-year limitations period under current Florida law.

Product cases may also be affected by a statute of repose. Florida generally restricts certain claims involving products with an expected useful life of 10 years or less when the harm occurs more than 12 years after the product was first delivered to a qualifying purchaser or lessee. Different rules apply to certain aircraft, vessels, railroad equipment, elevators, escalators, and products with longer express warranties.

Intentional Injury Claims

Florida generally provides four years for actions involving assault, battery, false arrest, malicious prosecution, false imprisonment, and many other intentional torts. Special rules apply to certain abuse claims and intentional acts resulting in death.

An act may support more than one legal theory. For example, an injury at a business could involve intentional misconduct by one person and negligent security by the property owner. Each claim may have its own deadline.

Claims Against Florida Government Entities

Claims against Florida, a county, city, agency, or another government subdivision involve special requirements.

A claimant generally must present written notice to the appropriate agency within three years. Depending on the defendant, notice may also need to be given to the Florida Department of Financial Services. A wrongful death claim generally requires notice within two years.

Florida law also provides a four-year deadline for many negligence or wrongful-act lawsuits against state agencies or subdivisions. Medical malpractice and wrongful death claims follow their separate statutory limitations.

Because presuit notice is a required step, waiting until the general lawsuit deadline is close can make it impossible to complete the necessary process properly.

Can the Statute of Limitations Be Paused?

In limited circumstances, the limitations period may be tolled. Tolling means the legal clock is temporarily paused.

Florida identifies specific situations that may support tolling, including:

• The defendant is absent from Florida in circumstances that prevent service
• The defendant uses an unknown false name that prevents service
• The defendant hides within Florida to prevent service
• The injured person had an adjudicated incapacity before the claim arose
• A related arbitration proceeding is pending
• A minor or incapacitated person lacks a suitable parent or guardian under the conditions stated in the statute

Florida also places outside limits on some tolling situations. For example, certain claims involving minority or adjudicated incapacity must still be brought within seven years of the event.

Being a minor does not automatically pause every personal injury deadline until age 18. The tolling statute includes specific conditions and exceptions, particularly for medical malpractice cases.

Florida law also states that disabilities or other reasons do not toll a limitations period unless a statute expressly allows it. Courts therefore do not extend deadlines simply because an injured person was unaware of the law, was negotiating with an insurer, or experienced personal hardship.

What Happens if You Miss the Deadline?

When a lawsuit is filed after the applicable statute has expired, the defendant may ask the court to dismiss it as time-barred.

If the court agrees, the injured person may lose the ability to recover damages through that lawsuit. Potential losses may include compensation for:

• Medical expenses
• Future treatment
• Lost wages
• Reduced earning capacity
• Property damage
• Pain and suffering
• Disability
• Scarring
• Loss of enjoyment of life

A late filing cannot usually be corrected by showing that the claim was strong or that the defendant caused serious harm. The limitations issue may prevent the court from reaching the underlying facts.

Does an Insurance Claim Stop the Deadline?

Filing an insurance claim does not normally equal filing a lawsuit.

You may exchange documents, complete medical treatment, negotiate with an adjuster, or receive a settlement offer while the statute continues to run. Unless a valid legal rule or written agreement changes the period, negotiations should not be assumed to pause it.

The same caution applies when an insurer says it is still investigating the claim. An open claim file does not necessarily preserve the right to file a complaint after the legal deadline.

Why You Should Not Wait Until the Final Months

The statute of limitations Florida provides is an outside filing deadline, not a recommended waiting period.

A personal injury case may require time to:

• Obtain police or incident reports
• Locate witnesses
• Preserve surveillance recordings
• Inspect vehicles or property
• Identify every responsible party
• Request insurance information
• Gather medical records
• Calculate wage loss
• Evaluate future treatment
• Complete required government or medical-malpractice notice procedures
• Prepare and serve a lawsuit

Starting early also allows the injured person to understand the claim before pressure from unpaid bills or a looming deadline affects settlement decisions.

Protect Your Florida Personal Injury Claim

Florida’s filing rules are strict, and the correct deadline may depend on much more than the date shown on an accident report. The type of misconduct, identity of the defendant, date of accrual, age of the injured person, discovery of the harm, and presuit requirements can all affect the time available.

Tucker Law Group represents people in Florida personal injury matters, including motor vehicle accidents, unsafe property incidents, workplace-related claims, and other injuries caused by negligence. The firm can review the applicable Florida statute of limitations, investigate the accident, preserve evidence, communicate with insurers, and determine what steps must be completed before filing.

Contact Tucker Law Group as soon as possible after an injury to discuss the facts, possible defendants, and filing deadlines that may apply. This article provides general information and is not legal advice.

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