The general rule: two years for most injuries (since 2023)
For negligence claims — the category that covers most car, truck, motorcycle, and slip-and-fall cases — Florida now gives you two years from the date of the injury to file a lawsuit. That comes from Fla. Stat. § 95.11(5)(a), as amended by the 2023 tort-reform law (HB 837). The change applies to claims that accrued on or after March 24, 2023. If your injury happened before that date, the old four-year deadline generally still applies.
Two years sounds like plenty of time. It isn’t. Evidence disappears and witnesses move. And the work of building a serious claim (medical records, experts, crash reconstruction) takes months before a lawsuit is even filed.
Wrongful death: two years from the date of death
A Florida wrongful-death claim must be filed within two years (Fla. Stat. § 95.11(5)(e)). Note the trigger: the clock runs from the date of death, which is not always the date of the injury that caused it. These claims belong to the estate and surviving family, and the timeline interacts with probate, so early advice matters.
Medical malpractice: two years, with a four-year cap
Medical-negligence claims run two years from when you knew or should have known of the injury, but with an outer limit of four years from the incident itself (Fla. Stat. § 95.11(5)(c)). There are narrow exceptions — fraud or concealment can extend it, and claims involving injured children have special rules — but the four-year repose is a hard wall in most cases.
Product liability: short, contested, and capped at 12 years
If a defective product hurt you, the filing deadline is short and genuinely contested after the 2023 reform, which is why our product-liability page treats it as fact-specific rather than a single number. On top of the filing deadline sits a separate hard cutoff: Florida’s 12-year statute of repose (Fla. Stat. § 95.031) bars most product claims twelve years after the product was first delivered — regardless of when you were hurt.
Claims against a Florida government agency: extra hoops
If a city, county, or state vehicle or property caused your injury, sovereign immunity adds steps that can quietly end a claim. Under Fla. Stat. § 768.28, you generally must serve a written pre-suit notice on the agency (and, for state agencies, the Department of Financial Services) and wait out an investigation period before you can sue. Damages recoverable from the government are also capped. Blow the notice requirement and the courthouse door closes, even inside the normal limitations period.
Why insurance companies quietly count on the calendar
I spent nearly two decades on the defense side, and the deadline is one of the insurance company’s best friends. Pleasant phone calls, slow document requests, “we’re still reviewing.” Delay costs them nothing and costs you everything. The day the filing deadline (the statute of limitations) runs out, your bargaining power drops to zero. Settlement talks do not pause the clock. Only filing a lawsuit does.
What “the deadline” actually requires
Meeting the deadline means a lawsuit is filed with the court before it expires — not that you reported the crash, opened a claim, or were “in negotiations.” Because the rules above overlap and the exceptions are narrow, the safe move is to treat your case as if the deadline is sooner than you think and get it evaluated early. It costs nothing to find out where your clock stands.
Frequently asked questions
What is the statute of limitations for a car accident in Florida?
For crashes on or after March 24, 2023, you usually have two years from the date of the accident to file a lawsuit, under Fla. Stat. § 95.11(5)(a). Crashes before that date usually fall under the older four-year deadline.
Did Florida really cut the injury deadline from four years to two?
Yes. The 2023 tort-reform law (HB 837) cut the filing deadline for most injury claims from four years to two. That applies to claims that arose on or after March 24, 2023.
How long do I have to file a wrongful-death claim in Florida?
Two years from the date of death, under Fla. Stat. § 95.11(5)(e). The clock starts on the day of death, which may be different from the day of the original injury.
Is the deadline different if a government vehicle hit me?
Yes. Before you can sue a Florida government agency, you must send a written notice and then wait a set period, under Fla. Stat. § 768.28. What you can collect is also capped. If you miss the notice, you can lose the claim even if you are still within the normal deadline.
Can a Florida filing deadline ever be extended?
Sometimes, but only in narrow situations. Examples are injuries to children, fraud or cover-ups, or certain claims where the clock starts when you discover the harm. You should never assume you get extra time.
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