How Long Do You Have to Sue for a Personal Injury in Florida?
In Florida, you generally have two years from the date of your injury to file a personal injury lawsuit. This deadline, called the statute of limitations, comes from Florida Statute 95.11, and House Bill 837 shortened it from four years to two years back in 2023.
If someone else's carelessness left you injured, the clock is already ticking. The Florida statute of limitations for personal injury sets a firm deadline for filing a lawsuit, and in 2026 that window is shorter than many people realize.
At Hale Law, personal injury is all we do, and we want you to understand exactly how much time you have to protect your rights. Below, we walk through the current two-year deadline, what changed under Florida's 2023 tort reform, and the exceptions that can shift your timeline.
We also explain what happens if the deadline passes, and how our team can help you take action before it does.
Our firm is dedicated to getting excellent results that help you get back on your feet after a serious injury.
Key Takeaways about the Florida Personal injury Statute of Limitations in 2026
- Florida's statute of limitations for most personal injury claims is now two years from the date of injury.
- House Bill 837 reduced the general negligence deadline from four years to two years, effective March 24, 2023.
- Certain claims, including wrongful death and medical malpractice, follow their own separate timelines.
- Limited exceptions, such as cases involving minors, can pause or extend the filing deadline.
- Once the deadline passes, Florida courts almost always dismiss the claim for good.
What Is the Florida Statute of Limitations for Personal Injury?
For most injuries, the Florida statute of limitations for personal injury is two years from the date the injury happened. A statute of limitations is simply the legal deadline for filing a lawsuit, and once it runs out, your right to sue usually disappears for good.
This two-year rule comes from Florida Statute 95.11, the law that sets time limits for civil cases across the state. For a typical car crash or fall, the clock starts on the day of the accident.
The Florida negligence statute of limitations covers most injury cases, from a rear-end collision on I-75 near Sarasota to a slip on a wet floor at a Bradenton grocery store. If your injury came from someone else's carelessness, this is very likely the deadline that applies to you.
Two years may sound like plenty of time, but it passes quickly when you are focused on doctor visits, insurance calls, and simply getting back on your feet. That is why understanding your deadline from the start matters so much.
Deadlines like this exist to keep cases fair for everyone involved. Over time, evidence disappears and memories fade, so the law asks injured people to come forward while the facts are still clear.
What Did Florida HB 837 Change?
Florida House Bill 837 cut the personal injury filing deadline in half, from four years down to two. Governor Ron DeSantis signed this tort reform law on March 24, 2023, and it reshaped how injury claims move through the state's courts.
Before HB 837, injured people had four years to file most negligence claims. Now, for injuries that happened on or after March 24, 2023, the deadline is two years from the date of the injury.
One important detail often trips people up: the change is not retroactive. If your injury happened before March 24, 2023, the older four-year deadline generally still applies to your case.
The shorter window puts real pressure on your claim. With only two years, there is less room to complete medical treatment, gather records, and weigh a fair settlement before a lawsuit becomes necessary.
Many people, and even some professionals, still assume they have four years. Acting on that outdated belief is one of the easiest ways to lose a valid claim, so it helps to confirm the current rule early.
Florida Personal Injury Statute of Limitations by Claim Type
Not every claim runs on the same clock. While most negligence cases now follow the two-year rule, some injury claims carry their own deadlines and special provisions.
| Claim Type | Filing Deadline (2026) | Governing Law |
|---|---|---|
| Car accident | Two years from the date of the crash | Fla. Stat. 95.11 |
| Slip and fall | Two years from the date of the injury | Fla. Stat. 95.11 |
| Medical malpractice | Two years from discovery (four-year outer limit) | Fla. Stat. 95.11 |
| Wrongful death | Two years from the date of death | Fla. Stat. 95.11 |
| Product liability | Two years for negligence claims (12-year repose from delivery) | Fla. Stat. 95.031 |
Wrongful death claims deserve special attention, because their two-year deadline starts on the date of death, not the date of the original injury. That distinction can change your timeline significantly, so it is worth confirming right away.
Product liability adds another layer, since a separate 12-year deadline, called a statute of repose under Florida Statute 95.031, can bar a claim measured from the date the product was first sold. Whether your family is coping with a wrongful death claim, recovering from a car accident, or weighing a possible medical malpractice case, pinning down the correct deadline early protects your options.
Exceptions and Tolling: When the Two-Year Clock Can Pause
A few situations can pause the deadline, a process the law calls tolling. These exceptions are narrow, and Florida courts apply them strictly, so they are not a safety net to count on.
- Injured minors: The deadline can be paused for a child, though Florida Statute 95.051 caps most of these extensions at seven years.
- The discovery rule: For certain claims, such as some medical malpractice cases or hidden product defects, the clock may start when the harm is discovered rather than when it occurred.
- A defendant who leaves the state: If the at-fault party moves out of Florida or hides to avoid being served, that time may not count against your deadline.
Because these rules are complex and rarely as simple as they sound, it is smart to have your specific situation reviewed rather than assume an exception applies to you. A short conversation can tell you whether the standard two-year deadline governs your case or whether one of these narrow provisions changes your timeline.
What Happens If You Miss the Deadline in Florida?
If you miss the Florida statute of limitations, the court will almost certainly dismiss your case, and you lose the right to recover compensation. It does not matter how serious your injuries are or how clearly the other party was at fault.
Once the deadline passes, the other side simply files a motion to dismiss, and the judge grants it. At that point, the insurance company has little reason to offer you anything, because your leverage is gone.
This is what makes the deadline so unforgiving. A strong case with clear evidence can still be lost entirely for one reason: it was filed too late.
Evidence fades over time as well. Witnesses move away, memories blur, and records get harder to track down, which is another reason waiting works against you.
There is also no partial credit for being close. Filing a single day late can carry the same result as filing a year late, which is why the exact date on the calendar matters so much.
Talking to a Lawyer Before Time Runs Out
The safest move is to speak with a personal injury lawyer well before your two-year deadline arrives. Building a strong case takes time, and waiting until the final weeks can put your claim at risk.
Acting early gives your legal team room to gather evidence, interview witnesses, and document your injuries while the details are still fresh. It also lets negotiations play out without the pressure of a deadline closing in.
In our years representing injured people across Sarasota, Bradenton, Lakewood Ranch, and Brandon, we have seen how fast two years can slip away while someone focuses on healing. Personal injury is all we do, and we have recovered millions for our clients.
We prepare every case as if it is headed to trial, using our in-office courtroom to fine-tune the details. When you are ready, we will Fight Like Hale® for the full compensation you deserve, and there is never a fee unless we win.
You do not have to sort any of this out on your own. From your first call, we handle the paperwork, the deadlines, and the back-and-forth with insurers, so you can put your energy into healing.
FAQs about Florida’s Statute of Limitations for Personal Injury
Still have questions about your filing deadline? Here are answers to some of the most common questions we hear from injured Floridians.
How long after a car accident can you sue in Florida?
In most cases, you have two years from the date of the car accident to file a lawsuit in Florida. This deadline applies to crashes that happened on or after March 24, 2023, and it runs from the day of the collision, not the day you finished treatment. Because injuries from a wreck can take weeks to fully surface, it is wise to talk with a lawyer soon after the crash.
Does the two-year deadline apply if my accident happened before March 24, 2023?
No, the older four-year deadline generally still applies to injuries from before that date. HB 837's shorter deadline only affects claims that arose on or after March 24, 2023, so the date of your injury decides which rule controls.
Can the deadline be extended if I am still negotiating with the insurance company?
No, ongoing settlement talks do not pause the statute of limitations. If your deadline is approaching and the insurer has not resolved your claim, you generally must file a lawsuit to protect your right to compensation, even while negotiations continue. Filing does not end the conversation, and many cases still settle after a lawsuit is on file.
Is the deadline different for injury claims against a government agency?
Yes, claims against a city, county, or state agency come with extra notice requirements and their own timelines. Florida Statute 768.28 requires written notice to the government entity before you can sue, so these cases call for early attention. Missing one of these notice steps can end a claim just as quickly as missing the filing deadline itself.
What if I did not realize I was hurt until months later?
For most negligence claims, the clock still starts on the date of the accident, even if symptoms appear later. A limited discovery rule applies to certain cases, but it is narrow, so it is wise to have your situation reviewed rather than assume you have extra time.
Do I have to settle my case within two years, or just file the lawsuit?
You only need to file the lawsuit within two years, not settle it. Once your case is filed on time, it can continue through negotiation and litigation, and many claims settle well after the lawsuit begins.
Fight Like Hale® Before Your Time Runs Out
Florida's two-year deadline rarely gets extended, so the sooner you act, the more we can do for you. If you or someone you love was hurt by another person's carelessness, do not wait for the clock to run out.
At Hale Law, we listen, we care, and we serve, and we treat you like a person, not a case number. Personal injury is all we do, and we are ready to Give 'Em Hale® on your behalf.
Call Hale Law today at 1-800-800-1414 for a free, no-hassle case evaluation. We are available 24/7, you pay nothing unless we win, and we would be honored to help you take the next step.