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.
