Florida Personal Injury Statute of Limitations (2023 Update)

Most Florida personal injury lawsuits based on negligence must now be filed within two years. HB 837 reduced the negligence period from four years to two for claims accruing on or after March 24, 2023. Claims that accrued before that date generally retain the earlier four-year period. The exact filing deadline depends on the cause of action and the facts. See Florida Statutes section 95.11 and the Florida Senate summary of HB 837.

A statute of limitations is the deadline to file a lawsuit in court. Reporting a claim to an insurance company or negotiating a settlement is different and does not by itself preserve the court deadline.

Florida Lawsuit Deadlines by Case Type

Case type General filing period Key qualification
Negligence injury claim, including most car, truck, motorcycle and slip-and-fall cases Two years Applies to claims accruing on or after March 24, 2023. Earlier claims generally retain the prior four-year period.
Wrongful death Two years The date of death and claim facts must be reviewed.
Medical malpractice Generally two years Special discovery and outside-limit rules apply under section 95.11.
Injury caused by a defective product Generally four years Section 95.11 has a separate product-injury category; a statute of repose may also limit a claim.
Damage to personal property, such as a vehicle without an injury claim Generally four years Do not use the property-damage period for a negligence injury lawsuit.

These are general statutory periods, not a deadline calculation for an individual case. Other claims, defendants and insurance contracts can involve different rules.

When Does the Two-Year Negligence Period Begin?

In an ordinary accident case, the period usually begins when the accident and injury occur. A later diagnosis does not automatically restart the clock. Record the incident date, preserve photographs and witness information, and get the specific accrual date reviewed promptly. The 2023 change applies prospectively to negligence claims accruing after the law took effect on March 24, 2023.

Exceptions and Special Rules

Florida permits tolling only in circumstances recognized by section 95.051 and other applicable law. Minority, incapacity or later discovery should not be treated as an automatic extension of every injury claim. A government defendant can add notice and procedure requirements under section 768.28. For more detail, read our Florida limitations exceptions article.

Deadlines After a Vehicle Crash

The two-year negligence rule generally applies to recent truck and motorcycle injury crashes, but the facts may involve additional parties or insurance issues. See our truck accident filing deadline article and motorcycle accident claim guide. Our car accident deadline guide explains the distinction between injury and vehicle-damage lawsuits.

Get the Correct Deadline for Your Claim

Waiting for an insurer to respond can consume valuable time. Serrano Law can review when your claim accrued, which statute applies and whether a special rule changes the deadline. Visit our Tampa personal injury lawyer page or call (813) 553-5648 for a free consultation.

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Mike Serrano

Attorney Florida State University College of Law, Tampa Bay Trail Lawyers Associations, Florida Justice Association, East Pasco County Bar, West Pasco County Bar, Hillsborough County Bar

Mr. Serrano has 20+ years of experience as a trial lawyer and counselor. He dedicates his practice to representing individuals and their families in cases involving serious personal injuries and employment disputes. Mr. Serrano is licensed to practice law in the State of Florida and in the Federal Courts for the 11th Circuit, in both the Middle and Southern District of Florida.

Areas of Expertise: Car Accident, Bicycle Accident, Bus Accident, Motorcycle Accident, Rideshare Accident, Pedestrian Accident, Truck Accident, Personal Injury, Boat Accident, Product Liability, Slip and Fall, Traumatic Brain Injury, Wrongful Death
Martindale Hubbell AV Preeminent Lawyer Peer Rating Attorney and Practice Magazine’s Top 10 Attorney for Personal Injury, 2020 Top Ranked Lawyers, American Lawyer Magazine, 2020 Ten Best Attorney, American Institute for Personal Injury Attorneys for client service, 2019 AVVO Clients’ Choice Award, 2017

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