The moment your personal injury claim accrues in Florida, a strict legal countdown begins. Recent legislative changes have fundamentally altered the timeline for seeking compensation, cutting the Florida statute of limitations for personal injury claims in half.

This change applies to negligence claims accruing on or after March 24, 2023. This compressed timeline fundamentally changes how injury victims approach their legal rights, particularly while managing ongoing medical care and mounting financial pressures.

Florida’s legal landscape shifted dramatically when HB 837 became effective on March 24, 2023. The law reduced the statute of limitations for negligence actions from four years to just two years for claims accruing on or after that date.

Key Takeaways for the Personal Injury Statute of Limitations in Florida

Florida’s statute of limitations for negligence claims is now two years from when the claim accrues, drastically reduced from the previous four-year period for claims accruing on or after March 24, 2023.
Government entity claims require written notice within three years (two for wrongful death) to the agency and, for state agencies, the Florida Department of Financial Services (DFS); municipalities and counties do not require DFS notice. You must satisfy both the §768.28(6) notice and the underlying statute of limitations (for negligence claims accruing on or after March 24, 2023, two years). Notice does not extend the SOL.
Product liability claims have a four-year statute of limitations. A separate statute of repose tied to expected useful life can bar claims 12 years after first sale for products with a ≤10-year expected life, with exceptions (e.g., concealment, longer labeled/warrantied life, certain categories).
Missing statutory deadlines eliminates your right to pursue compensation through the courts, making immediate legal consultation essential after any injury.

How Florida’s Statute of Limitations Works for Different Injury Cases

The statute of limitations establishes a firm deadline for filing lawsuits after suffering injuries. Florida’s two-year limit for negligence actions runs from when the claim accrues. Florida law does not apply a general discovery rule to ordinary negligence cases. Once this deadline passes, courts dismiss cases regardless of their merit, effectively ending any chance for legal recovery.

Understanding when your claim accrues proves critical. Under §95.031, Florida calculates time from when the last element of the cause of action exists; for negligence, that’s when the negligent act causes injury and damages. The clock starts immediately at that point, not when you later realize the full extent of your injuries or identify the responsible party.

Different types of personal injury cases follow varying statutory frameworks that affect your filing deadlines. Wrongful death actions carry a two-year statute of limitations running from the date of death under Florida Statutes Section 95.11(4).

Medical Malpractice Timeline Requirements

Medical malpractice claims fall under a two-year statute of limitations, four-year repose period, seven-year cap for fraud/concealment, and child actions are not barred before the 8th birthday pursuant to Florida Statutes Section 95.11(4)(b). Florida requires a presuit investigation and notice before filing a medical malpractice lawsuit. Proper presuit notice tolls the statute for 90 days under Florida Statutes Section 766.106.

The presuit process involves multiple time-consuming requirements that injury victims navigate carefully. These procedural steps demand several specific actions that consume valuable time.

Medical record collection: Obtaining complete records from all treating providers often takes weeks or months, especially from large hospital systems
Expert review requirement: A qualified medical expert reviews records and provides a written opinion that malpractice occurred before you can proceed
Formal notice preparation: Detailed notice goes to each healthcare provider potentially involved in the malpractice
Investigation period: Healthcare providers have 90 days to investigate after receiving proper notice, during which settlement discussions may occur
Authorization requirements: You provide authorizations allowing healthcare providers to obtain your medical records for their investigation

Starting immediately after you suspect malpractice is essential, as these requirements can easily consume six months or more before filing suit becomes possible. The tolling provision provides some relief, but the overall timeline remains compressed.

Product Liability Claims and Statutes of Repose

Product-injury claims have a four-year statute of limitations for injuries “founded on the design, manufacture, distribution, or sale” of a product under Florida Statutes Section 95.11(3). The four-year limitations period starts at injury, but a separate statute of repose generally runs from the product’s first sale to a consumer, regardless of when injuries occur, subject to enumerated exceptions under Florida Statutes Section 95.031(2).

Florida’s repose turns on expected useful life under §95.031(2), not a flat 12-year rule in all cases. The interplay between limitations and repose creates complex timing considerations. Exceptions apply when manufacturers knowingly conceal defects or when products have expected useful lives exceeding 10 years with specific warnings. Latent defects that manifest years after purchase may trigger special accrual provisions.

Government Entity Claims: Special Notice and Filing Requirements

Claims against government entities follow distinct procedural requirements. Claimants serve written notice to the agency and, for state agencies, also to the Florida Department of Financial Services (DFS) within three years (two for wrongful death). Municipalities and counties do not require DFS notice under Florida Statutes Section 768.28(6).

After serving notice, you may not file suit until the agency or DFS denies the claim or a statutory review window passes. This review period functions as a condition precedent to litigation and does not extend your lawsuit deadline. You must satisfy both the §768.28(6) notice and the underlying statute of limitations (for negligence claims accruing on or after March 24, 2023, two years). Notice does not extend the SOL.

These overlapping requirements create potential traps. Meeting the notice requirement doesn’t extend the lawsuit filing deadline. Both must be satisfied independently. The notice contains specific information about the claim, the relief sought, and the factual basis for liability. Technical deficiencies in notice can bar claims entirely.

Special Circumstances Affecting Filing Deadlines

Several statutory provisions may alter standard limitation periods, though these exceptions apply narrowly and require specific circumstances.

Tolling for Minors and Incapacity

Minors receive limited tolling protection under Florida law. Tolling is limited and statutory, with special medical malpractice rules applying. This includes an eight-year child provision under Florida Statutes Section 95.11(4)(b). The statute doesn’t automatically wait until a child turns 18 for all claims. Each type of claim has specific rules about how minority affects the limitation period.

Mental incapacity tolling applies only for adjudicated incapacity before accrual, with a seven-year cap under Florida Statutes Section 95.051(1)(i). Courts require that the person was declared legally incapacitated before the cause of action accrued. Informal incapacity or later-developed mental health issues don’t trigger tolling.

Fraudulent Concealment and Delayed Discovery

While Florida doesn’t apply a general discovery rule to ordinary negligence, specific situations may extend filing deadlines. Fraudulent concealment occurs when defendants actively hide their wrongdoing. Courts may extend limitation periods when defendants prevent plaintiffs from discovering claims through deliberate deception.

Product liability cases have statutory delayed discovery provisions. Under the statute of repose, if a product defect is latent and not discoverable through reasonable inspection, special accrual rules may apply. The limitation period begins when the defect manifests in injury rather than when the product was purchased or first used.

Why Swift Action Protects Your Legal Rights

Beyond statutory deadlines, practical considerations make immediate action essential for preserving claim value. Evidence quality deteriorates rapidly after accidents. Insurers may exploit delay with repetitive document requests and last-minute offers.

Evidence Preservation Challenges

Physical evidence from accident scenes vanishes quickly without proper preservation. Scene documentation through photographs captures hazardous conditions before repairs eliminate them. Most businesses overwrite surveillance recordings within 30-90 days, making immediate preservation requests crucial.

Damaged vehicles undergo repairs or disposal, eliminating important physical evidence. Medical evidence like bruising patterns and wound characteristics change as injuries heal.

Waiting even weeks means losing irreplaceable proof of negligence or injury severity. Early intervention preserves the strongest possible foundation for your claim.

Witness Memory and Availability Concerns

Witness testimony provides crucial support for liability and damage claims. Memory accuracy declines sharply after traumatic events. Specific details about speed, timing, and sequence become confused or forgotten.

Florida’s transient population, including tourists and seasonal residents, makes witness availability particularly challenging. Early witness interviews capture detailed observations while memories remain fresh. Professional investigators locate witnesses using accident reports, canvassing techniques, and database searches.

Recorded statements preserve testimony even if witnesses later become unavailable or uncooperative. Each passing day increases the risk of losing this critical evidence.

Insurance Company Delay Tactics

Insurance companies systematically use time as a negotiation weapon. They understand mounting financial pressure from medical bills and lost wages. Common tactics include requesting repetitive documentation, changing adjusters frequently, and making lowball offers near deadline expiration.

Starting legal representation early helps prevent these manipulation tactics from succeeding. Your attorney counters delay tactics while building a strong case foundation.

Protecting Your Claim Within Statutory Deadlines

Taking decisive action after an injury protects both recovery prospects and legal rights. Following medical treatment recommendations remains paramount. Your health takes priority over legal concerns.

Document all treatment carefully, maintaining organized records. Create a detailed injury journal documenting daily pain levels and activity limitations. Record emotional impacts and missed life events. These contemporaneous records provide powerful evidence that retrospective recreation cannot match.

Photograph visible injuries regularly throughout healing. This creates visual documentation of your recovery journey.

Common Mistakes That Jeopardize Claims

Social media activity creates permanent records that insurance companies mine for evidence. Posts about activities, travel, or positive mood updates get twisted to minimize injury claims. Privacy settings provide no real protection. Investigators find ways to access restricted content through various means.

Providing recorded statements to adjusters without counsel frequently damages claims. Adjusters craft questions designed to minimize injuries or suggest fault. These recordings become permanent evidence contradicting later testimony.

Gaps in medical treatment undermine claims regardless of reason. Insurance companies argue that treatment gaps prove injuries weren’t serious. Maintaining medical documentation remains critical for connecting injuries to accidents.

FAQ for Florida Statute of Limitations Personal Injury

How does the statute of limitations work if multiple parties share fault for my injuries?

Each potentially liable party may have different applicable deadlines based on their status and the claims against them. Private parties face the two-year negligence deadline, while government entities have separate notice and filing requirements. Product manufacturers may fall under the four-year product liability statute. You must identify all potentially responsible parties quickly to ensure compliance with each applicable deadline. Missing one party’s deadline may reduce your total recovery even if timely claims proceed against others.

What if the person who injured me dies before I file my lawsuit?

The death of a potential defendant doesn’t eliminate your claim but creates additional procedural requirements. You file a claim against the deceased person’s estate within the applicable statute of limitations. Florida probate law establishes specific procedures and deadlines for creditor claims against estates. The estate’s personal representative becomes the proper party to sue. If no estate is opened, you may need to petition the court to open one to pursue your claim.

Do settlements with one defendant affect the statute of limitations for claims against others?

Settling with one defendant doesn’t extend or toll the statute of limitations for claims against other potentially liable parties. Each defendant’s deadline runs independently from the date your claim accrued. Partial settlements may affect your total recovery through setoff provisions, but they don’t change filing deadlines. You preserve claims against all defendants by filing suit before each applicable limitation period expires.

How do bankruptcy proceedings affect personal injury statute of limitations?

If a potential defendant files bankruptcy, the automatic stay pauses lawsuits. Filing deadlines are governed by 11 U.S.C. §108(c) and any applicable tolling. Preserve rights in bankruptcy court and state court as required. You may need to file a proof of claim in bankruptcy court while also preserving your right to sue through state court action. The interplay between bankruptcy and state law limitations creates complex timing issues requiring immediate legal guidance.

What happens with hit-and-run accidents when the driver isn’t identified within two years?

Unidentified tortfeasor situations present unique challenges under Florida’s statute of limitations. You may have claims against your own uninsured motorist coverage that follow different deadlines based on your policy terms. If the hit-and-run driver is later identified after the two-year period expires, you may be barred from suing them directly. Immediate investigation to identify the responsible driver becomes critical, as does understanding your insurance policy’s requirements for uninsured motorist claims.

Taking Action Before Time Expires

Florida’s shortened statute of limitations demands immediate action after any injury caused by negligence. The two-year deadline for general negligence claims arrives quickly while you’re managing medical treatment and financial hardship. Understanding these deadlines represents only the first step. Determining which specific limitations apply and meeting all procedural requirements demands experienced legal guidance.

Recent legislative changes have created new urgency for injury victims throughout Florida. The reduction from four years to two years cuts the time available for building strong cases in half. Combined with modified comparative negligence rules and complex procedural requirements, these changes make early legal consultation more critical than ever.

Don’t let statutory deadlines expire while waiting for insurance companies to treat you fairly. Hale Law’s experienced personal injury attorneys understand Florida’s complex statute of limitations requirements. We provide evidence-driven advocacy to protect your rights. With six offices serving Southwest Florida from Bradenton to Port Charlotte, we deliver prompt, thorough representation that injury victims need. Call (941) 735-4529 today for your free consultation before time runs out on your right to pursue fair compensation.