Florida personal injury statute of limitations, explained

Yes. In Florida, you generally have two years from the date of an injury to file a negligence lawsuit, like a car crash or slip-and-fall claim. That's the Florida personal injury statute of limitations under §95.11, cut from four years by House Bill 837 in March 2023. Miss the deadline, and the claim is usually gone.

The two-year rule is the one most people need, but it isn't the only deadline. Wrongful death, medical malpractice and claims against the government each follow their own clock, and some deadlines start long before any lawsuit. Here's how they work and why it pays to move early.

What a statute of limitations is

A statute of limitations is a law that sets the last day you can file a lawsuit. Once that day passes, the person or company that hurt you can ask the court to throw the case out, and the court almost always will. It doesn't matter how strong the evidence is or how serious the injury was.

The deadline applies to filing a lawsuit, not to opening an insurance claim. Many cases settle without a lawsuit, but the deadline still matters: an insurer has far less reason to offer a fair settlement once you can no longer sue.

How HB 837 changed the deadline in 2023

House Bill 837 took effect on March 24, 2023, and rewrote much of Florida's injury law. One of its biggest changes was to §95.11, the statute that sets filing deadlines. For general negligence claims, the time to file dropped from four years to two years.

The new deadline applies to causes of action that accrue after March 24, 2023. A claim usually accrues on the day of the injury, so for most people the question is simple: when did the accident happen?

• Injured on or after March 24, 2023: you generally have two years.
• Injured before March 24, 2023: you generally kept the old four-year deadline.

That second group is running out of time. A crash on March 1, 2023, for example, would generally have to be filed by March 1, 2027. Many older claims have already expired. If your injury happened in early 2023 and you haven't filed, talk to a lawyer now.

HB 837 also changed how fault is shared between the people involved. Our guide to Florida's modified comparative negligence law explains that change.

Florida filing deadlines by type of claim

The table below is a general guide. The exact deadline in any case depends on its facts, and these are the starting rules, not every exception.

Claims against the government

If a city bus, a county worker or a state agency caused your injury, the process is different. Under §768.28, you generally must give written notice of the claim to the agency and to the Florida Department of Financial Services before you can sue, and the agency gets time to review it first. The law also caps what a government agency can be made to pay. These claims are easy to get wrong.

Medical malpractice

Malpractice claims have extra steps, too. Before filing suit, Florida generally requires a pre-suit investigation and a notice of intent to the doctor or hospital. The two-year clock can start when you discovered the injury, or reasonably should have, rather than on the day of the treatment. The four-year outer limit can be longer in cases of fraud or concealment, and some cases involving young children follow different rules.

Property insurance deadlines

If your home was also damaged, a new or reopened homeowners claim generally has to be reported to your insurer within one year of the date of loss. That notice deadline is separate from any lawsuit deadline.

Exceptions that can pause the clock

Florida law lists a few situations that can toll, or pause, the statute of limitations. They're narrow, and courts apply them strictly. Under §95.051, examples include:

• The defendant leaves Florida or hides from being served with the lawsuit.
• The defendant uses a false name that keeps you from finding them.
• Some cases involving minors or people found legally incapacitated, generally when no parent or guardian was available to act for them.

Don't count on an exception. Most people don't qualify, and the safest plan is to file well ahead of the standard deadline.

Why waiting hurts, even before the deadline

Two years sounds like plenty of time. In practice, it goes quickly, and a claim can lose value long before the deadline arrives.

• Evidence disappears. Store security footage is often recorded over within days or weeks. Doorbell and traffic camera video can vanish just as fast. Damaged cars get repaired or scrapped.
• Witnesses move on. People change phone numbers, move away and forget details. A witness who remembers clearly next week may not remember much in a year.
• The 14-day PIP rule. After a car crash, Florida's no-fault law generally requires you to get medical care within 14 days for your personal injury protection (PIP) benefits to pay. PIP is the part of your car insurance that pays your first medical bills. Our guide to Florida's no-fault system covers how it works.
• Gaps in treatment look bad. Insurers often argue that if you waited to see a doctor, you weren't really hurt.
• Lawsuits take preparation. Medical records, bills, expert opinions and settlement talks all take time. Filing at the last minute leaves little room to build a strong case.

What to do now

1. Write down the date of the injury. Every deadline starts from it.
2. Get medical care and keep every record and bill.
3. Save evidence like photos, videos, names of witnesses and the police report number.
4. Report the claim to the right insurance company, and don't give a recorded statement to the other side's insurer before getting advice.
5. Talk to a lawyer well before two years pass, especially if a government agency, a medical provider or a death is involved.

Frequently asked questions

Does an insurance claim stop the statute of limitations?

No. Opening a claim with an insurance company doesn't pause the deadline to file a lawsuit. Negotiations can drag on for months while the clock keeps running. If the deadline gets close and the claim hasn't settled, a lawsuit generally has to be filed to protect your right to recover anything.

What if I didn't know I was hurt right away?

For most negligence claims, the clock generally starts on the day of the accident, even if symptoms show up later. Medical malpractice is different, since its deadline can run from when the injury was or should have been discovered. That's one more reason to see a doctor soon after any accident.

What happens if I miss the deadline?

The other side will usually ask the court to dismiss the case, and the court generally must agree. You'd lose the right to recover compensation for that injury, no matter how strong the claim was. A narrow exception may apply in rare cases, so it's still worth asking a lawyer.

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Florida's injury deadlines are shorter than they used to be, and the most useful evidence fades well before any of them. If you or someone you love was hurt, our personal injury team, including attorney Jake Best, can review your dates and options in a free case review, in English or Spanish. There's no fee unless we recover for you.