Florida Statutes § 95.11 sets the baseline rule, but a 2023 legislative change altered the timeline for many claims, and separate rules govern medical malpractice, wrongful death, product liability, and government defendants. This article walks through the current deadline, the exceptions that can shift it, and the steps you can take now to protect your right to compensation.
Key Takeaways
- Florida's general negligence deadline depends on your accident date relative to a March 2023 law change.
- An insurance deadline for reporting a claim is not the same as your lawsuit filing deadline.
- Medical malpractice, wrongful death, product liability, and government claims each follow separate rules.
- Missing your deadline can get a case dismissed regardless of how strong the underlying evidence is.
- Confirm your exact deadline early so you know which filing window applies before it closes.
Florida's Personal Injury Statute of Limitations
A statute of limitations exists so courts can resolve disputes while evidence, medical records, and witness memories are still reliable. Florida enforces these deadlines strictly, and courts generally won't make exceptions just because a case is complicated or a claimant was unaware of the rule.
The Current Two-Year Rule
Under current Florida Statutes § 95.11(5)(a), an action founded on negligence must be filed within two years. This covers most car accidents, truck accidents, slip-and-falls, and other ordinary negligence claims. But this two-year rule doesn't apply to every case that occurred years ago.
Why the 2023 Change Matters
Before March 24, 2023, Florida gave negligence claimants four years to file suit. That changed when House Bill 837 took effect, shortening the window to two years. Here's the part people miss: the new two-year rule only applies to claims that accrued after March 24, 2023.
- If your cause of action accrued before that date, the older four-year deadline may still control.
- If it accrued after that date, the two-year deadline applies.
- Accrual generally means when the last legal element of your claim occurred, not necessarily the calendar date of the incident itself.
This distinction matters most for injuries where symptoms or damages developed later. If you're unsure which rule applies, get a clear answer quickly—don't guess.
When Does the Clock Actually Start?
Say a car accident happens on June 1, 2024. Under the current rule, the claimant would generally need to file suit by June 1, 2026, absent an exception.
That's the simple version. Real cases often turn on when an injury became apparent or when a responsible party was identified, and those disputes can shift the calculation.
Insurance claims and demand letters do not stop the clock. None of the following counts as filing a lawsuit:
- Filing a claim with an insurance company
- Sending a demand letter
- Negotiating with an adjuster
- Getting medical treatment
Only filing the actual civil action, or a legally recognized tolling event, protects your deadline.
Exceptions and Special Deadlines in Florida Injury Cases
Tolling and extension rules exist, but they're narrow and fact-specific. Florida law doesn't pause the clock just because a claim feels unresolved or negotiations are ongoing.
Minors and Legal Incapacity
Florida Statutes § 95.051 allows tolling when a minor or incapacitated person lacks a parent, guardian, or guardian ad litem able to act on their behalf. The same tolling applies when that representative has a conflicting interest. This tolling has an outside limit of seven years from the underlying event, and it doesn't apply to the separate medical malpractice minor rule discussed below.
The Discovery Rule Isn't Universal
Many people assume the clock starts whenever they "discover" an injury. That's not how Florida law works for ordinary negligence claims.
The Florida Supreme Court rejected broad delayed discovery in Davis v. Monahan. Delayed discovery is limited to specific statutory categories:
- Fraud
- Product liability
- Professional and medical malpractice
- Certain intentional torts
Outside those categories, the standard accrual rule applies.
Medical Malpractice: A Different Timeline Entirely
Medical malpractice claims follow their own schedule under § 95.11(5)(c):
| Rule | Timeframe |
|---|---|
| Standard filing period | 2 years from incident or discovery |
| Statute of repose (outside limit) | 4 years from the incident |
| Minor's claim | Filed by the child's 8th birthday |
| Fraud/concealment extension | Up to 7 years, with the minor exception |
Before filing, claimants must complete a presuit investigation, including a corroborating written medical expert opinion, and provide the prospective defendant with 90 days' notice before a lawsuit can proceed. This notice period can toll the deadline, but sending it isn't the same as filing suit.
Wrongful Death Runs From the Date of Death
Wrongful death claims carry a two-year deadline under § 95.11(5)(e), but the clock starts on the date of death, not the date of the earlier injury or incident. This distinction matters when someone dies from injuries sustained months or years earlier.
Government, Product, and Intentional Tort Claims
- Government defendants: § 768.28 requires written notice to the agency (often within 2 to 3 years by claim type). Notice and filing are separate steps; a 4-year outside deadline then applies.
- Product liability: A 4-year filing period runs from discovery, but a statute of repose can still bar the claim (commonly 12 years for shorter-life products).
- Intentional torts: Comparative fault treatment differs, and discovery rules may differ from ordinary negligence.
What Happens If You Miss the Filing Deadline?
If you file too late, the defendant can raise the statute of limitations as an affirmative defense—asking the court to throw out the case as untimely. Florida courts routinely dismiss those lawsuits, even when the injury is severe and the liability evidence is strong. Once the deadline passes, your right to pursue that claim is generally gone.
Waiting also damages a case long before any deadline expires:
- Surveillance footage gets deleted, often within 30 to 90 days.
- Witnesses move, forget details, or become unreachable.
- Accident scenes change or get repaired.
- Medical records become harder to piece together.
- Proof of how the injury affected work and daily life fades with time.
At Olowu Law, we offer free consultations to help injured people understand what deadline applies before insurer negotiations drag on.
Founder Michael Olowu previously worked as a civil defense attorney representing insurers, so he has seen how delay weakens an injury claim. Getting a case reviewed early costs nothing and creates no obligation.
How to Protect Your Personal Injury Claim Before Time Runs Out
Once you know your accrual date, act on these steps before the filing window closes.
Deadline checklist:
- Record the incident date, your first medical treatment date, and any date you learned about a responsible party.
- Identify every potentially responsible party, including property owners, employers, drivers, and government entities.
- Preserve photographs, videos, and written communications from the scene.
- Obtain complete medical documentation, not just initial ER records.
- Save every insurance letter, claim number, and policy document you receive.
Follow your doctor's treatment plan. Document symptoms, lost income, out-of-pocket costs, and ongoing limitations as they occur.
That record does not extend the legal deadline on its own, but it is what you will need to prove damages later.
Contact a Florida personal injury attorney early. Presuit requirements, evidence gathering, insurance negotiations, and filing suit all take time. Waiting until the deadline is close limits what counsel can realistically do.
Olowu Law offers free case evaluations so you can confirm your timeline and next steps before the clock runs out.
Negligence, Comparative Fault, and the Value of Legal Review
Filing on time only gets your claim into court. It doesn't determine whether you win.
The Four Elements You Must Prove
Florida negligence claims require four elements, each tied to specific evidence:
- Duty — the other party owed you a legal obligation of reasonable care (a driver's duty to follow traffic laws, a property owner's duty to maintain safe premises).
- Breach — they failed to meet that duty (running a red light, ignoring a known spill).
- Causation — their breach directly caused your injury, supported by accident reconstruction, medical records, or expert testimony.
- Damages — you suffered actual, provable losses, documented through bills, wage records, and treatment history.
Comparative Fault Can Reduce or Bar Recovery
Florida applies modified comparative negligence under Florida Statutes § 768.81. Your share of fault can cut recovery or eliminate it:
- More than 50% at fault — you cannot recover damages
- 50% at fault or less — compensation is reduced by your assigned percentage
This rule doesn't apply the same way to medical negligence claims under Chapter 766, and it excludes certain intentional tort actions. Fault percentage is separate from timeliness, and courts decide it from the specific facts of your incident.
Meeting the statute of limitations doesn't establish liability or guarantee any payout. Coverage limits, evidence strength, and fault allocation all shape what a claim is worth. An early legal review, not just a last-minute filing check, helps preserve evidence and position your claim before fault arguments harden.
Frequently Asked Questions
How long do you have to sue someone for personal injury in Florida?
You generally have two years for negligence claims accruing after March 24, 2023; claims accruing before that date may still follow the prior four-year rule. The exact deadline depends on your accrual date and claim type.
What is the statute of limitations for slip and fall in Florida?
Slip-and-fall claims are typically treated as ordinary negligence, generally following the two-year deadline for claims accruing after March 24, 2023. Claims against government property owners, or involving minors, may follow different notice requirements or timing.
What are the exceptions to the statute of limitations in Florida?
Major exceptions involve minors without a capable guardian, legally recognized incapacity, medical malpractice discovery and repose rules, and product liability discovery provisions. These exceptions are narrow and fact-specific, not automatic.
What is the 51% rule in Florida?
Under modified comparative negligence, a party found more than 50% at fault for their own harm cannot recover damages. At 50% or below, compensation is reduced by that percentage of fault.
What are the four elements of negligence in Florida?
Duty, breach, causation, and damages. You must prove each one—with evidence of a legal duty, a failure to meet it, a direct link to your injury, and documented losses.
How hard is it to win a slip and fall case?
You must prove a hazardous condition existed, the owner knew or should have known about it, and that it caused your injury and losses. Comparative fault can reduce or bar recovery, so preserve evidence early and get legal input quickly.
This article provides general information about Florida law and is not a substitute for legal advice. Deadlines and exceptions depend on the specific facts of your case. If you've been injured in Florida, Olowu Law offers free, no-pressure consultations to help you understand your options. Call 1-877-307-6008 to speak with our team.
