Personal Injury · Statute of Limitations
Injury Lawsuit Deadline in Florida
How long you have to file a personal-injury lawsuit in Florida, the statute of limitations, plus when the clock starts, the discovery rule, and the shorter deadlines for suing a government body. Cited to the statute.
How the deadline works in Florida
When the clock starts, whether a discovery rule can delay it, and the deadlines that differ for particular claims.
House Bill 837, signed and effective March 24, 2023, shortened the limitations period for negligence from four years to two. The two-year period applies to causes of action accruing on or after that date. Older guides and forms that still say "four years" are out of date for new injuries.
| How the clock works | In Florida | What it means |
|---|---|---|
| Standard deadline | 2 years | The general limitations period to file a personal-injury lawsuit. |
| When it starts | Accrual | The clock generally starts when the cause of action accrues, which for most injuries is the date you were hurt. |
| Discovery rule | Yes | Limited. Florida ties accrual to when the cause of action arises, and the delayed-discovery doctrine is applied narrowly outside categories the Legislature has named (such as certain professional-malpractice and product claims). For a straightforward injury, expect the clock to run from the incident. |
| Statute of repose | None | There is no general statute of repose for ordinary negligence injury claims. Florida does set outer repose limits for specific areas (for example, product liability and improvements to real property), but those are separate from the standard §95.11 negligence clock. |
| Statute | Fla. Stat. §95.11(5)(a) | The controlling statute for the limitations period. Read the full text through the source link below. |
| Deadlines that can differ | Period | What it means |
|---|---|---|
| Negligence claims before March 24, 2023 | 4 years | The two-year period applies to negligence causes of action that accrue on or after March 24, 2023. A negligence claim that accrued before that date keeps the older four-year deadline. The accrual date, not the filing date, decides which rule you are under. |
| Claim against a government body | 3 years + written notice | To sue a Florida government body you must give written notice of the claim first, and generally wait for the agency to act, under §768.28. The notice must be presented within 3 years of the incident, and the suit still has to be filed within the limitations period. |
| Wrongful death | 2 years from death | A wrongful-death action must be brought within two years of the date of death under §95.11(5)(e). |
What you can do right now
Concrete, neutral steps if you were injured in Florida and the clock is running. This is legal information, not legal advice.
- Do not rely on the old four-year figure
If your injury happened on or after March 24, 2023, you likely have two years, not four. A lot of online information still lists the old deadline. Treat two years as your working limit and confirm it.
- Fix your accrual date
Write down when the injury happened. That date decides both your deadline and whether the new two-year rule or the old four-year rule applies to a claim near the 2023 changeover.
- If a government body may be at fault, send notice early
Claims against Florida government entities require written notice under §768.28 and a waiting period before suit. Start that process well ahead of the limitations deadline.
- Get advice from a Florida attorney promptly
Because the deadline recently shortened, timing is easy to get wrong. A licensed Florida personal-injury lawyer can confirm your exact date. The Florida Bar offers a lawyer referral service.
A limitations deadline is easy to miscount, and missing it can end a valid claim. This resource can connect you with a licensed attorney who can confirm your exact deadline.
→ The Florida Bar — Lawyer Referral ServiceThis is general legal information, not legal advice. Deadlines turn on the specific facts of your case, and exceptions cut both ways, so confirm your date with a licensed attorney before relying on it.
What Florida injury claimants get wrong
Florida is the state where the common answer is now wrong. For decades the deadline to sue for a negligence injury was four years, and a great deal of published guidance still says so. A 2023 tort-reform law, House Bill 837, cut it to two years for negligence causes of action that accrue on or after March 24, 2023. Section 95.11 now lists "an action founded on negligence" under its two-year heading. The practical trap is assuming you have four years when you have two. There is a second subtlety around the changeover date: a claim that accrued before March 24, 2023 generally keeps the old four-year period, while anything accruing on or after that date gets two years, so the accrual date, not the day you file, decides which rule applies. If you were hurt recently in Florida, plan around two years and confirm your date rather than trusting an older four-year figure.
Common questions
How long do I have to sue after a car accident in Florida?
For a crash on or after March 24, 2023, two years from the date of the accident for a negligence-based injury claim, under §95.11(5)(a). This is shorter than the four-year deadline that applied before the 2023 change, so do not rely on older guidance.
Did Florida change its personal-injury statute of limitations?
Yes. House Bill 837, effective March 24, 2023, shortened the negligence limitations period from four years to two. The two-year deadline applies to negligence causes of action that accrue on or after that date; claims that accrued earlier generally keep the four-year period.
Is the deadline two years or four years in Florida?
It depends on when your claim accrued. Negligence claims accruing on or after March 24, 2023 have two years. Negligence claims that accrued before that date generally have the old four years. The accrual date is what matters, not when you decide to sue.
What happens if I miss the deadline in Florida?
A suit filed after the limitations period runs can be dismissed on the defendant’s motion, regardless of how strong the claim is. Because the negligence deadline recently dropped to two years, missing it is now easier, so confirm your date early.
Is the deadline different if I am suing a government agency in Florida?
Yes. Suing a Florida government body requires written notice of the claim under §768.28, presented within 3 years of the incident, plus a waiting period before you can file. The lawsuit itself still has to be filed within the limitations period, so the government-claim steps come first.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.