The statute of limitations is the legal deadline for filing a lawsuit. In Florida, missing it almost always means losing the right to sue forever, no matter how strong your case is. This guide explains how long you have to bring a personal injury claim in Florida after the 2023 tort-reform changes, and the important exceptions that can shorten or extend the clock.
This is general information, not legal advice. Limitations rules are technical and fact-specific, and the date your claim "accrued" can itself be disputed, so confirm your deadline with a licensed Florida attorney as early as possible.
The general rule: two years
For most personal injury claims based on negligence, Florida now imposes a two-year statute of limitations. This is a major change. The 2023 tort-reform law (HB 837) cut the deadline in half — from four years to two — for causes of action that accrue on or after March 24, 2023 (Fla. Stat. § 95.11(4)(a)). The clock generally starts on the date the injury occurs.
Claims that accrued before March 24, 2023 are generally still governed by the older four-year period. Because the effective date controls which rule applies, the exact date of your accident matters enormously. If you are unsure whether your claim falls under the old or new rule, treat it as urgent and get advice immediately.
Why the deadline is so strict
If you file even one day after the limitations period expires, the defendant can move to dismiss the case, and courts routinely grant those motions. The statute of limitations is an affirmative defense designed to ensure claims are brought while evidence is fresh and witnesses are available. There is no general "I didn't know about the deadline" exception. The practical takeaway: do not wait. Investigation, medical documentation, and pre-suit negotiation all take time, and a lawyer needs a margin before the deadline.
Special deadlines for specific claims
Not every injury claim runs on the standard two-year negligence clock. Key variations include:
| Claim type | Deadline | Statute |
|---|---|---|
| General negligence (post-3/24/2023) | 2 years from injury | § 95.11(4)(a) |
| Medical malpractice | 2 years from discovery, 4-year repose | § 95.11(4)(b) |
| Wrongful death | 2 years from death | § 95.11(4)(d) |
| Claims against government entities | 3-year pre-suit notice; sovereign-immunity caps | § 768.28 |
| Product liability | 2 years; statute of repose applies | § 95.11(4)(a), § 95.031 |
The medical malpractice exception and statute of repose
Medical malpractice has its own rules. The two-year clock generally starts when you discover, or reasonably should have discovered, that malpractice occurred — helpful when an injury is not obvious right away. But an outer limit called a statute of repose bars most claims more than four years after the malpractice, regardless of when it was discovered (Fla. Stat. § 95.11(4)(b)). Narrow exceptions exist for fraud, concealment, or misrepresentation (extending to seven years) and for injured minors. See our medical malpractice guide for the pre-suit notice steps that also affect timing.
Claims against the government have their own rules
Suing a Florida city, county, the state, or a government employee is governed by the sovereign-immunity statute, Fla. Stat. § 768.28. Before filing, you must serve a written notice of claim on the appropriate agency (and, for state agencies, the Department of Financial Services), generally within three years of the incident. The agency then has 180 days to investigate before suit may be filed. On top of these procedural hurdles, recovery is capped — historically at $200,000 per person and $300,000 per incident — absent a special legislative claim bill. These cases contain traps for the unwary, so anyone injured by a government entity should seek counsel promptly.
When the clock can pause or shift
Florida recognizes limited circumstances that "toll" (pause) the limitations period. These include the injured person being a minor or legally incapacitated, the defendant fleeing the state or concealing themselves, and certain fraud or concealment scenarios. The discovery rule can also delay accrual where the injury or its cause was not immediately knowable. Tolling is narrow and heavily litigated, however, so never assume it applies — it is a fallback argument, not a planning tool.
The difference between limitations and repose
It helps to distinguish two related concepts. A statute of limitations sets the time to sue measured from when the claim accrues (often when the injury is or should be discovered). A statute of repose sets an absolute outer deadline measured from the underlying event itself, and it can bar a claim even before the injured person knew they were harmed. Florida's medical-malpractice four-year repose is the most common example in injury law (Fla. Stat. § 95.11(4)(b)). Because a repose deadline cannot usually be extended by the discovery rule, it is an especially hard cutoff to watch for.
Why you should not wait for the deadline
Even though the law gives you a window, waiting until near the end is risky. Evidence degrades, witnesses move or forget, and surveillance video is overwritten. Many claims also require pre-suit steps — medical-malpractice notice, government-claim notice, or simply assembling records and a demand — that consume months. A lawyer needs a comfortable margin to investigate, negotiate, and, if necessary, draft and file a complaint before the clock runs out. The practical rule is to consult counsel as soon as possible after an injury rather than measuring how close to the deadline you can safely get.
What "filing" means
To satisfy the statute of limitations, your lawsuit (the complaint) must be filed with the court before the deadline — sending a demand letter to an insurer does not stop the clock. In claims with mandatory pre-suit procedures, such as medical malpractice or government claims, those notice requirements must be completed within the statutory window as well, which effectively shortens the time you have to get everything in order.
Frequently asked questions
Did Florida really cut the injury deadline to two years?
Yes. The 2023 HB 837 reform reduced the general negligence statute of limitations from four years to two for causes of action accruing on or after March 24, 2023 (Fla. Stat. § 95.11(4)(a)). Claims that accrued before that date generally remain on the four-year rule.
When does the clock start running?
Usually on the date of the injury. In some cases — particularly medical malpractice — it starts when you discovered or should have discovered the injury and its cause, subject to an outer statute of repose. Because accrual dates can be disputed, get advice promptly.
What happens if I miss the deadline?
The defendant can have your lawsuit dismissed, and courts almost always grant such motions. Outside narrow tolling exceptions (such as for minors or concealment), missing the statute of limitations permanently ends your right to recover.
Are claims against a city or the state different?
Yes. Claims against Florida government entities require a written pre-suit notice, generally within three years, and are subject to sovereign-immunity damage caps under Fla. Stat. § 768.28. These cases have unique procedural traps, so consult an attorney early.
Find a Florida personal injury attorney
Deadlines are unforgiving, and the shift to a two-year limit means there is even less time to act. To learn more about the broader process, see our complete guide to Florida personal injury claims and our medical malpractice guide. If you have been injured, speak with a licensed Florida personal injury attorney right away to protect your right to file. Most offer free consultations and work on contingency.