How Long Do You Have to File a Personal Injury Lawsuit in Florida?

If you were injured because of someone else’s negligence in Florida, you generally have two years to file a lawsuit.

But the two-year rule does not apply to every personal injury case in exactly the same way.

Florida changed its general negligence statute of limitations in 2023, which is why older information may still say you have four years. Different rules can also apply to medical malpractice, wrongful death, product liability, intentional torts, and claims against government entities.

Knowing which deadline applies—and when the clock started—is important because waiting too long can put an otherwise valid claim at risk.

What Is a Statute of Limitations?

A statute of limitations is the legal deadline for starting a lawsuit.

Florida law sets different limitations periods depending on the type of legal claim. If the applicable period expires, the defendant can raise the statute of limitations as a defense and the lawsuit may be barred.

That deadline is not necessarily the same as the deadline for reporting an accident or opening an insurance claim.

For personal injury cases, the key question is usually:

How long do you have to actually file the lawsuit in court?

That depends on the legal basis of the claim.

How Long Do You Have to File a Personal Injury Lawsuit in Florida?

Under the current Florida statute of limitations, an action founded on negligence generally must be commenced within two years. The current provision appears in Florida Statute §95.11(5)(a).

That rule can apply to many common personal injury lawsuits, including negligence claims arising from:

• Car accidents
• Slip and fall accidents
• Trip and fall accidents
• Unsafe property conditions
• Negligent security
• Other careless conduct that causes injury

However, it is more accurate to say that negligence-based personal injury lawsuits generally have a two-year deadline than to say every Florida personal injury case has two years.

The type of claim can change the answer.

Did Florida Change the Personal Injury Deadline From Four Years to Two Years?

Yes.

Before Florida’s 2023 tort reform, the general statute of limitations for negligence actions was four years.

HB 837 reduced the limitations period for general negligence actions from four years to two years. The legislation became effective on March 24, 2023.

The timing of that change matters.

The new two-year statute of limitations applies prospectively to negligence causes of action that accrued after March 24, 2023.

That is why someone researching an older Florida accident may still find references to a four-year deadline.

A negligence claim that accrued before the new law took effect may be governed by the former limitations period. The applicable date should therefore be determined before assuming that the current two-year rule controls an older case.

When Does the Two-Year Clock Start?

Florida law generally measures a statute of limitations from the time the cause of action accrues.

Under Florida Statute §95.031, a cause of action generally accrues when the last element necessary to establish that cause of action occurs.

For a straightforward negligence case, the injury is often the final necessary element.

For example, if another driver negligently causes a crash and you are injured in that collision, the accident and injury date will ordinarily be central to determining when the limitations period begins.

One important mistake to avoid is assuming the clock automatically starts over when an injury becomes more painful or its full seriousness is discovered later.

Florida recognizes special discovery rules for certain types of cases, but an injured person should not assume a broad delayed-discovery rule applies to an ordinary negligence claim.

Is Filing an Insurance Claim the Same as Filing a Lawsuit?

No.

You may report an accident to an insurance company soon after it happens and spend months exchanging records, discussing medical treatment, or negotiating a settlement.

None of those steps is automatically the same as filing a lawsuit.

Under Florida Rule of Civil Procedure 1.050, a civil action is generally considered commenced when the complaint or petition is filed.

So these actions should not be confused with filing suit:

• Opening an insurance claim
• Reporting the accident
• Sending medical bills
• Sending a demand letter
• Discussing settlement
• Exchanging offers with an adjuster

Ongoing negotiations should not be treated as a reason to ignore the applicable filing deadline.

Do All Florida Personal Injury Cases Have the Same Filing Deadline?

No. Florida has different limitation rules for different causes of action.

Type of Claim	General Rule
Negligence	Generally 2 years
Wrongful death	Generally 2 years
Medical malpractice	Special 2-year rule with additional discovery and repose provisions
Intentional torts	Generally different from ordinary negligence
Product liability	Different limitation and repose rules may apply
Claims against government entities	Separate notice and lawsuit requirements apply

Florida’s current statute places negligence and wrongful death within two-year provisions. Medical malpractice also generally uses a two-year period, but it has its own discovery rule and a general four-year statute of repose, subject to specific exceptions.

Intentional torts such as assault and battery are generally listed under Florida’s four-year provision rather than the ordinary negligence rule. Product-liability claims also follow separate statutory provisions.

Claims against Florida government entities are especially different.

Florida Statute §768.28 generally requires written notice of a covered tort claim against the state or its agencies within three years, subject to different rules for certain claims such as wrongful death. The statute also generally provides a four-year period for commencing covered tort actions against government entities, with separate rules for wrongful death and medical malpractice.

Because of these differences, the phrase “Florida personal injury deadline” does not always point to one universal number.

Can Florida’s Filing Deadline Be Extended or Paused?

Sometimes, but Florida’s tolling rules are limited.

Florida Statute §95.051 identifies circumstances that can pause a limitations period, including certain situations where the person being sued cannot be served, qualifying incapacity, particular arbitration proceedings, and limited circumstances involving minors or incapacitated people.

These rules should not be interpreted broadly.

For example, being a minor does not automatically mean every Florida personal injury deadline is suspended until age 18.

Similarly, a person should not assume that:

• Settlement negotiations stop the clock
• Serious medical treatment automatically extends the deadline
• Delayed symptoms automatically create additional time
• Simply having a good reason for waiting extends the statute

Whether a tolling rule or other exception applies can depend heavily on the facts and the type of claim.

What Happens If You Miss the Statute of Limitations?

If the applicable filing period expires before a lawsuit is commenced, the defendant can raise the statute of limitations as a defense.

If that defense applies, the lawsuit may be barred.

There can be circumstances in which a different statute, tolling rule, or other legal principle affects the deadline, but those possibilities should not be treated as automatic extensions. 

This is why the correct question is not simply:

“Has it been two years?”

It is:

“What statute applies to this claim, when did the claim accrue, and is there any special rule that changes the deadline?”

Why Should You Avoid Waiting Until the Deadline Is Close?

The statute of limitations is only one reason to act promptly.

A strong personal injury case often depends on evidence that may not remain available indefinitely.

Depending on the accident, important evidence can include:

• Surveillance video
• Photographs of a dangerous condition
• Vehicle data
• Witness statements
• Incident reports
• Medical records
• Business or property records

An insurance company may also continue negotiating without a lawsuit being filed.

Those discussions should not give an injured person a false sense that the court deadline has stopped running.

Starting the investigation early provides more time to preserve evidence, evaluate the claim, and determine whether a lawsuit needs to be filed.

How Can Cohen Injury Law Help With a Florida Personal Injury Claim?

At Cohen Injury Law, we can review when your claim arose, determine which filing deadline may apply, preserve important evidence, and handle communications with insurance companies.

Our founding attorney, Zach Cohen, began his career representing insurers in personal injury cases, giving him experience with how those claims are evaluated and defended.

We represent injured clients across South Florida from our Fort Lauderdale office and offer free consultations. To discuss your case with our team, call 954-246-3999.

Final Thoughts

Most Florida personal injury lawsuits based on negligence now generally have a two-year statute of limitations.

But two years is not a universal deadline for every injury case.

The type of claim, when it accrued, whether it arose before or after Florida’s March 24, 2023 law change, and whether a special statute applies can all affect the filing period.

Opening an insurance claim is also not the same as filing a lawsuit.

Because both legal deadlines and valuable evidence can be lost with time, determining the correct deadline early can prevent an avoidable problem later.