Florida Personal Injury Statute of Limitations: What You Need to Know

Florida Personal Injury Statute of Limitations

Time is one of the most critical factors in any Florida personal injury case. Miss the deadline to file your lawsuit and the court will almost certainly dismiss your case — no matter how strong your evidence or how serious your injuries.

This guide explains Florida's statute of limitations rules, the exceptions that can extend your deadline, and why acting quickly is always the right move.

The General Rule: Two Years

As of 2023, Florida reduced the standard personal injury statute of limitations from four years to two years. This applies to most personal injury cases including:

• Car accidents
• Slip and fall accidents
• Motorcycle accidents
• Truck accidents
• Dog bites
• Premises liability claims

The clock generally starts on the date of the injury or accident.

Wrongful Death: Two Years

If a loved one died as a result of someone else's negligence, Florida gives surviving family members two years from the date of death to file a wrongful death lawsuit.

Medical Malpractice: Two Years with a Hard Cap

Medical malpractice cases have a two-year statute of limitations from the date you discovered (or reasonably should have discovered) the injury. There is also a four-year statute of repose — meaning even if you didn't know about the malpractice, you cannot sue more than four years after the act occurred, with limited exceptions.

Claims Against Government Entities: Much Shorter

If your injury was caused by a Florida government agency — a city bus, a poorly maintained public road, a government employee — you must file a written notice of claim within three years of the incident. Missing this step can bar your entire claim.

Exceptions That Can Pause the Clock

Certain circumstances can "toll" (pause) the statute of limitations:

Minors: The two-year clock does not start until the injured person turns 18. However, medical malpractice claims involving minors have specific rules.

Mental incapacity: If the injured person was legally incapacitated at the time of the accident, the clock may be paused until capacity is restored.

Defendant left Florida: If the at-fault party left the state before a lawsuit could be filed, the time they were absent may not count toward the deadline.

Fraud or concealment: If the defendant deliberately concealed information necessary to bring the claim, the clock may be paused until discovery.

Discovery rule: In some cases — particularly those involving latent injuries or exposure to toxic substances — the clock starts when you knew or should have known about your injury and its cause.

Why You Should Not Wait

The statute of limitations is a hard deadline, but there are practical reasons to move faster than the law requires:

• Evidence disappears: Surveillance footage is overwritten, witnesses forget details, vehicles are repaired, skid marks fade
• Witnesses become unavailable: People move, die, or simply become harder to locate over time
• Insurance companies delay: The longer you wait, the more leverage insurers have to lowball your settlement
• Attorney investigation takes time: Building a strong case — accident reconstruction, expert witnesses, medical records — takes months

When the Deadline Has Already Passed

If you believe your deadline may have passed, consult an attorney immediately rather than assuming it's too late. An experienced Florida personal injury lawyer can evaluate whether any tolling exceptions apply to your situation.

Talk to a Florida Personal Injury Attorney Today

Every day that passes after an accident is a day less to build your case. Most Florida personal injury attorneys offer free consultations and work on contingency — meaning no fees unless they win.

Find a personal injury attorney in your city using our directory.